usaf first sergeant academy
DESCRIPTION
NONJUDICIAL PUNISHMENT References: Manual for Courts-Martial, AFI 36-2608 and AFI 51-202. USAF First Sergeant Academy. OVERVIEW. PURPOSE LIMITATIONS RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS. PURPOSE. - PowerPoint PPT PresentationTRANSCRIPT
People are our People are our businessbusiness
NONJUDICIAL NONJUDICIAL PUNISHMENTPUNISHMENT
References: Manual for Courts-Martial, References: Manual for Courts-Martial,
AFI 36-2608 and AFI 51-202 AFI 36-2608 and AFI 51-202
USAF First Sergeant AcademyUSAF First Sergeant Academy
People are our People are our
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OVERVIEWOVERVIEW
PURPOSELIMITATIONSRESPONSIBILITIESARTICLE 15 PROCEEDINGSCOMMANDER’S TOOLS
People are our People are our
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PURPOSEPURPOSE
“Provides commanders with a means of maintaining good order and discipline... and to promote positive behavior changes... without the stigma of a courts-martial conviction.” MCM, Part V
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PURPOSEPURPOSE
REHABILITATION (Nature is actually punishment)
PROVIDES A FAIR, SWIFT AND EFFICIENT METHOD TO DEAL WITH OFFENSES TOO SERIOUS TO BE HANDLED ADMINISTRATIVELY, BUT NOT SERIOUS ENOUGH FOR COURTS-MARTIAL
People are our People are our
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LIMITATIONSLIMITATIONS
SUBJECT TO NJP ACTIONNJP STATUTE OF LIMITATIONSDOUBLE PUNISHMENT
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RESPONSIBILITIESRESPONSIBILITIES
AUTHORITY
GCM CONVENING AUTHORITY EXERCISES SUPERVISION OVER NJP
AUTHORITY MAY BE WITHHELD, ALL OR IN PART, BY SUPERIOR CC
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RESPONSIBILITIESRESPONSIBILITIES
COMMANDERS MUST:– BE CONVINCED THE ACCUSED
PERSON COMMITTED AN OFFENSE UNDER THE UCMJ
CONSULT THE SJA– ARTICLE 15 - STANDARDS OF PROOF,
OR RULES OF EVIDENCE NOT REQUIRED; THE ACCUSED CAN DEMAND TRIAL BY COURT-MARTIAL
People are our People are our
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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
OFFENSE OFFENSE COMMITTEDCOMMITTED
REPORTEDREPORTED TOTO
COMMANDERCOMMANDER
INVESTIGATEINVESTIGATE
People are our People are our
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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
WHO WILL WHO WILL INITIATEINITIATE??
AF FORM 3070AF FORM 3070SJA PREPARESSJA PREPARES
AF FORM 3070AF FORM 3070
UNIT COMMANDERUNIT COMMANDER REFERRAL COMMANDERREFERRAL COMMANDER
CONSULT SJACONSULT SJA
PERTINENTPERTINENTINFORMATIONINFORMATION
AMJAMAMJAM RIPRIP
SJA PREPARESSJA PREPARES
People are our People are our
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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
DRAFTS SPEC’SDRAFTS SPEC’S
CC NOTIFIESCC NOTIFIESMEMBERMEMBER
GIVE MEMBERGIVE MEMBER3 DUTY DAYS3 DUTY DAYS
SJA OFFICESJA OFFICEUnit CC Unit CC initiatesinitiates
Article 15 Article 15 actionaction
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MEMBER ELECTSMEMBER ELECTS
OPTIONSOPTIONS
ACCEPTSACCEPTSARTICLEARTICLE 15 15PUNISHMENTPUNISHMENT
DEMANDSDEMANDSTRIAL BYTRIAL BY
COURT-MARTIALCOURT-MARTIAL
FORWARDFORWARDTO SJATO SJA
ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
People are our People are our
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RECEIVE MEMBER’S WRITTEN PRESENTATIONRECEIVE MEMBER’S WRITTEN PRESENTATION
RECEIVE MEMBER'S ORAL PRESENTATIONRECEIVE MEMBER'S ORAL PRESENTATION
- ARTICLE 31 RIGHTSARTICLE 31 RIGHTS
-SHOW DOCUMENTS/OBJECTSSHOW DOCUMENTS/OBJECTS
- INFORM OF EVIDENCEINFORM OF EVIDENCE
-OPEN TO PUBLIC, IF APPLICABLEOPEN TO PUBLIC, IF APPLICABLE
-SPOKESPERSONSPOKESPERSON
-WITNESSWITNESS
ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
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CONSULT SJACONSULT SJAON PUNISHMENTON PUNISHMENT
PREPAREPREPAREPUNISHMENTPUNISHMENT
ENDORSEMENTENDORSEMENT
IMPOSEIMPOSEPUNISHMENTPUNISHMENT
ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
People are our People are our
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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS
DOES INDIVIDUALDOES INDIVIDUALAPPEAL?APPEAL?
UIF DECISION, FORWARD UIF DECISION, FORWARD TO SJATO SJA
NONO YESYES
FORWARD APPEALFORWARD APPEALTHROUGH SJA TOTHROUGH SJA TO
APPELLATE AUTHORITYAPPELLATE AUTHORITY
5 DAYS TO ELECT5 DAYS TO ELECTAPPEAL OPTIONSAPPEAL OPTIONS
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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
APPEAL OPTIONS– INDIVIDUAL HAS 5 DAYS TO SUBMIT
APPEAL
– PROCESSED AS ANY OTHER APPEAL
– PUNISHMENT NOT STAYED UNLESS REQUESTED BY MEMBER AFTER 5 DAYS OF NO ACTION ON THE APPEAL
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APPELLATEAPPELLATEAUTHORITY RENDERSAUTHORITY RENDERS
DECISIONDECISION
INDIVIDUALINDIVIDUALACKNOWLEDGESACKNOWLEDGES
RECEIPTRECEIPT
NECESSARY ACTIONNECESSARY ACTIONTAKEN & UIF DECISION TAKEN & UIF DECISION
ARTICLE 15 PROCEEDINGS ARTICLE 15 PROCEEDINGS (APPEAL PROCESS)(APPEAL PROCESS)
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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS
SNCO SELECTION FOLDER (Ref: AFI 36-2608)– CC IMPOSING ART 15 PUNISHMENT ON SNCO
MUST DECIDE WHETHER TO FILE IN SELECTION FOLDER
– REVIEWED BY NEXT SUPERIOR CC
– IF MEMBER REDUCED BELOW E-7, CC STILL MAKES DECISION
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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS
SNCO SELECTION FOLDER– DECISION LETTER IS PART OF THE ART 15 PROCESS
– DELAY IN PREPARING DECISION LETTER DELAYS ARTICLE 15
– FORWARDED TO SJA WITH ARTICLE 15
– RETENTION PERIOD: 2 YRS OR ONE PROMOTION BOARD CONSIDERATION
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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS
PUNISHMENT – BASED ON:
• OFFENDER’S RANK• COMMANDER’S RANK AND TITLE
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ARTICLE 15 ARTICLE 15 PROCEEDINGSPROCEEDINGS
PUNISHMENTS– REDUCTION IN GRADE
– FORFEITURE OF PAY
– REPRIMAND
– RESTRICTION
– EXTRA DUTY
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ARTICLE 15 PROCEEDINGSARTICLE 15 PROCEEDINGS
PUNISHMENTS
–Correctional Custody• Limited Availability in Some
Commands
–Arrest in Quarters• Pertains to Officers Only
People are our People are our
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COMMANDER’S COMMANDER’S TOOLSTOOLS
MCM -- PART V, PARA 6– SETTING ASIDE– SUSPENSION – MITIGATION– REMISSION
People are our People are our
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COMMANDER’S TOOLSCOMMANDER’S TOOLS
VACATION ACTION– PREVIOUSLY SUSPENDED PUNISHMENT MAY
BE VACATED (AF FM 366) IF: DURING THE SUSPENSION PERIOD, MEMBER COMMITS A SECOND OFFENSE UNDER THE UCMJ, OR VIOLATES A CONDITION OF THE PROBATION
– VACATION ACTION MUST BE INITIATED DURING SUSPENSION PERIOD
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SUMMARYSUMMARY
PURPOSE RESPONSIBILITIES ARTICLE 15 PROCEEDINGS COMMANDER’S TOOLS