Njp & Upb

Njp & Upb

NJP and the UPB Nonjudicial Punishment Provides commanders with a means of maintaining good order and discipline. Promotes positive behavior changes without stigma of a court-martial conviction. Only one form of punishment a commander may impose. MCM V-1, par 1a-c A u t h o r i t y To I m p o s e

Commanding Officers Designated Officers in Charge Successor of command due to death, transfer, incapacity or absence of previous commander. LEGADMINMAN pg 3-3 Jurisdiction Accused must be a member of the command. LEGADMINMAN PAGE 3-3, par. 3001

Punishments The maximum punishment depends on: - Commanding Officers rank - Rank of the accused - Commanding Officers authority MCM pg V-4 Fi e l d G r a d e

Confinement on bread and water for 3 days Correctional Custody for 30 days Forfeiture mo pay per mo for 2 months Red one pay grade Extra duty for 45 days Restriction for 60 days Company Grade Confinement on bread and water for 3 days

Correctional Custody for 7 days Forfeiture of 7 days pay Extra duty X 14 days Restriction X 14 days Refer to MCM Part Forfeitures Whole dollar amounts Example $100.00 vice $100.50 Can only take pay at the rate to which the accused was reduced.

LEGADMINMAN pg 3-5, par Limitations on Punishments Cpl and above cannot receive correctional custody or confinement on bread and water. Extra duties cannot be a known safety hazard (2 hrs per day). Reduced one rank at a time. Restriction may not exceed maximum extra duty if both is imposed (45). MCM pg V-6

Execution of Punishment No suspension; begins date of NJP. If suspended or vacated; effective date is the date vacated. If punishment is stayed pending an appeal effective date is the date punishment starts. Suspension of Punishmen CO can suspend all or part (no more than 6 mos). If accused violates suspension, CO can vacate suspension. CO can specify in writing additional conditions of

the suspension. MCM pg V-4, par 6 Appeals Two grounds for an appeal: - Punishment is unjust: Exceeds COs authority (reduce 2 pay grades). - Disproportionate to the offense: Max punishment for 10 min UA. MCM pg V-8, par 7

Appeals Submitted to next higher commander. Must be in writing. Submitted within 5 working days. What is the UPB? NAVMC 10132 is used to record the NJP for enlisted personnel. Chapter 3, MCO P5800.16A LEGADMINMAN MARADMIN 301/02 MARADMIN 542/02 Preparation

UPB form will be prepared in duplicate AUTHORIZED abbreviations May be typewritten or handwritten (legibly) in black ink. Duplicate UPB form does not require original signatures or initials LEGADMINMAN, pg 3-6, par 3006 Summary of Proceedings JAGMAN, App A-1-e is a guide to be used by the CO and the clerk taking notes at the NJP. Use the summary provided in the scenario as a source document to type the UPB.

JAGMAN pg A-1-e and A-1-f NJP Charge Drafting Use the MCM to figure out what to charge Appendix 12 very useful Reference: MCO P5800.16 (Chapter 3) Elements of the article that state the offense Who, What, When, Where, and How did the accused commit the offense. On active duty did,!

(SEE SUPPLEMENTAL PAGE) ARTICLE 86 In that Lance Corporal John D. Wrongway, U.S. Marine Corps, on active duty did, on or about 17 September 2007, without authority, absent himself from his unit to wit: Your Unit, 2d Marine Aircraft Wing, located at Marine Corps Air Station, Cherry Point, North Carolina, and did remain so absent until on or about 18 September 2007.

ARTICLE 92 In that Lance Corporal John D. Wrongway, U.S. Marine Corps, on active duty did having knowledge of a lawful order issued by Lieutenant Colonel Brandon D. Wilkerson, the Commanding Officer of Your Unit, 2d Marine Aircraft Wing, Marine Corps Air Station, Cherry Point, North Carolina to wit: Pretrial Restriction Order, dated 18 September 2007, an order which it was his duty to obey, did, on board Marine Corps Air Station, Cherry Point, North Carolina, between on or about 27 October 2007 through on or about 28 October 2007, fail to obey the same by wrongfully leaving the geographic area of Marine Corps Air Station, Cherry Point, North Carolina

ARTICLE 112a In that Lance Corporal John D. Wrongway, U.S. Marine Corps, on active duty did, at an unknown location, between on or about 11 September 2007 through on or about 18 September 2007, wrongfully use cocaine. Great link for drafting charges: http://www.jag.navy.mil/html/TSOwestTrialServices.htm Article 80

In that Seaman John Q. Public, U. S. Navy, on active duty, did, at Joes Auto Shop, located in Lemon Grove, California, on or about 20 January 2000, with intent, attempt to defraud, falsely pretend to Joes Auto Shop that he was Seaman David Q. Victim, then knowing that the pretenses were false, and by means thereof did wrongfully attempt to obtain services, of a value of about $385.00, to wit: by attempting to use Seaman David Q. Victims Visa Debit card at Joes Auto Shop in order to pay for the repair and replacement of the brakes on his 1985 Buick Skylark automobile. Article 81 Specification: In that Seaman John Q. Public, U. S. Navy, on active duty, did, at or near San Diego, California, on or about December 1999, conspire with Seaman David Q. Thief and Seaman Paul Z. Criminal to commit an offense under the Uniform Code of Military Justice, to wit: to possess and distribute methlenedioxymethamphetamine, a schedule I controlled substance, ketamine a schedule III controlled substance, in order to effect the object of the

conspiracy the said Seaman John Q. Public maintained, purchased, and distributed methlenedioxymethamphetamine, and ketamine. Article 85 Specification: In that Seaman John Q. Public, U.S. Navy, on active duty, did, on or about 30 June 1999, without authority and with intent to remain away therefrom permanently, absent himself from his unit, to wit: USS NEVERSAIL (DD 99), located at San Diego, California, and did remain so absent in desertion until he was apprehended on or about 1 July 1999.

Article 87 In that Seaman John Q. Public, U.S. Navy, on active duty, did, at or near San Diego, California, on or about 10 September 1999, through design, miss the movement of USS NEVERSAIL (DD 99) with which he was required in the course of duty to move. In that Seaman John Q. Public, U.S. Navy, on active duty, did, at or near San Diego, California, on or about 10 September 1999, through neglect miss the movement of USS NEVERSAIL (DD 99) with which he was required in the course of duty to move.

Article 125 In that Lieutenant John Q. Public, U.S. Navy, on active duty, did, at or near San Diego, California, from about December 1998 to about June 1999, on divers occasions, commit sodomy with Jane Q. Victim, a child under the age of sixteen years. Article 127 In that Seaman John Q. Public, U.S. Navy, on active duty, did, at 10 Sesame Street, San Diego, California, on or about 5 January 1999, with intent unlawfully to obtain an advantage, to wit: a dissolution of marriage granting full custody of their community property to Seaman John Q. Public, U.S. Navy, communicate to

Seaman Jane Q. Victim, U.S. Navy, a threat to kill her if these demands were not met. Article 134 General Article Possession of stolen explosives In that Seaman John Q. Public, U.S. Navy, on active duty, did, at or near San Diego, California, on or about 4 February 1997, knowingly possess and store stolen explosive materials, in violation of Title 18 U.S.C. Section 842 (h).

Possession of classified information In that Seaman John Q. Public, U. S. Navy, on active duty, did, at or near 1600 Sesame Street, San Diego, California, on or about 31 May 2000, have possession of documents containing classified information of the United States, which he knowingly removed, without authority, and with the intent to retain such documents at an unauthorized location in violation of Title 18 United States Code Section 1924. Use of telephone lines to conduct drug transaction In that, Seaman John Q. Public, U. S. Navy, on active duty, did, at or near San Diego, California,

on divers occasions between 17 December 1999 and 20 May 2000, violate Title 21, United States Code, Section 843(b), by knowingly and intentionally using a communicator facility, to wit: a telephone, to cause and facilitate the commission of a controlled substance offense, in violation of Title 21, United States Code, Section 846, to wit: distribution of methlenedioxymethamphetamine, a schedule I controlled substance, and lysergic acid diethylamide. Possession of child pornography In that Lieutenant John Q. Public, U.S. Navy, on active duty, did, at or near San Diego, California, on or about 31 January 2000, knowingly possess a computer hard-drive containing visual depictions of minors engaging in sexually explicit conduct, with said visual depictions having

been transported in interstate commerce, thus violating 18 United States Code, Section 2252A(a) (5)(B).

Mails: Taking, opening In that Seaman James R. Public, U.S. Navy, on active duty, did, between on or about 10 July and 19 July 1999, at or near San Diego, California, wrongfully steal certain mail matter, to wit: a box of blank checks, addressed to Seaman Jane Q. Victim, which was then located in the said Seaman Jane Q. Victims barracks room for the purpose of distribution, and which mail matter was stolen before it was delivered to the addressee, the said Seaman Jane Q. Victim, U.S. Navy. Obstruction of Justice In that Seaman James Q. Public, U.S. Navy, on active duty, did at or near San Diego, California, on various occasions between January 1998 and December 1999, wrongfully endeavor to influence the actions of Mrs. Jane Doe as a witness in the case of United States versus Seaman James Q. Public, U.S. Navy, by giving to the said Mrs. Jane Doe the sum of approximately $7000.00 , if she, the said Mrs. Jane Doe, would wrongfully prevent

the communication of information relating to Seaman James Q. Publics sexual relationship and sexual intercourse with his daughter Jane Public to the police and/or appropriate legal authorities. Breaking Restriction In that Lieutenant John Q. Public, U. S. Navy, on active duty, having been restricted to the limits of USS NEVERSAIL (DD 99), by a person authorized to do so, did, onboard USS NEVERSAIL (DD 99), on or about 22 September 1999, break said restriction. Solicitation of another to commit an offense In that Lieutenant John Q. Public, U. S. Navy, on active duty, did, at or near San Diego, California on or about 31 May 2000 wrongfully solicit Seaman Jane Q. Victim, U.S. Navy, to purchase Ketamine. Communicating a threat In that Seaman John Q. Public, U.S. Navy, on active duty, did, at 110 Sesame Street, San

Diego, California, on or about 15 August 1999, wrongfully communicate to Seaman Jane Q. Victim, U.S. Navy, a threat to injure her daughter, Jean Q. Victim, by shooting and killing said daughter, or words to that effect. I t e m 1 - O ff e n s e s UNIT PUNISHMENT BOOK (5812) NAVMC 10132 (REV. 4-02) (Previous edition will not be used.) (EF) SN: 0109-LF-984-4100 Distribution: Original copy to SRB/OQR Copy to: OMPF, UNIT FILES, MEMBER

Staple Additional pages here. 1. OFFENSE (To include the specific circumstance and the date and time of the commission of the offense.) Art. 92. Did willfully disobey SSgt Smiths order to get ready for gd du, on 11 Jun 07 at 0730, at COA, 1st Bn, 10th Mar, 2d MarDiv, CamLej. Item 2 - Art. 31 Rights Completed prior to the NJP. Accused is advised of Art. 31 Rights.

If Marine refuses to sign in item 2 type: See item #16 In item 16 type: Marine refuses to indicate intentions or to sign item 2. Case forwarded recommending (Special CourtMartial), (Summary Court-Martial), etc" Item 2 - Art. 31 Rights UNIT PUNISHMENT BOOK (5812) NAVMC 10132 (REV. 4-02) (Previous edition will not be used.) (EF) SN: 0109-LF-984-4100 Distribution: Original copy to SRB/OQR

Copy to: OMPF, UNIT FILES, MEMBER Staple Additional pages here. 1. OFFENSE (To include the specific circumstance and the date and time of the commission of the offense.) Art. 92. Did willfully disobey SSgt Smiths order to get ready for gd du, on 11 Jun 07 at 0730, at COA, 1st Bn, 10th Mar, 2d MarDiv, CamLej. __ __

2. I have been advised of and understand my rights under Article 31, UCMJ. I also have been advised of and understand my right to demand trial by court-martial in lieu of non-judicial punishment. I (do) (do not) demand trial and (will) (will not) accept non-judicial punishment subject to my right of appeal. I further certify that I (have) (have not) been given the opportunity to consult with a military lawyer, provided at no expense to me, prior to my decision to accept non-judicial Punishment. 2007/06/14 (DATE) _____________________ PARE

RONALD B. (Signature of Accused) _______________________________________ Item 3 - CO Acknowledge CO of the accused will sign/date in this block after advising accused of Art. 31 Rights. 3. The accused has been afforded these rights under Article 31, UCMJ, and the right to demand trial by court-martial in lieu of non-judicial punishment. 2007/06/14 (DATE) _____________________

BEGOOD J. A. (Signature of immediate CO of Accused)___________________________ Item 4 - Booker Statem Marine acknowledgement. Marine accepts NJP or trial by a court-martial. Item 4 - Booker Statem

4. BOOKER STATEMENT: I have been given the opportunity to consult with a lawyer, provided by the Government at no 92 cost to me, in regard to a pending NJP for violation of Article(s) _________________________________ of the UCMJ. I understand I have the right to refuse that NJP; I (do) (do not) choose to exercise that right. I further understand that acceptance of NJP does not preclude my command from taking other adverse administrative action against me. 2007/06/12 (DATE) _____________________ RONALD B. PARE

(Signature of Accused) _______________________________________ Item 5 - UA UA is when a member of the armed forces is (members own fault) not at appointed place of duty. UA entries are proof of an absence offense and must be free of errors. Must be properly authenticated to be allowed as evidence in a court-martial. Item 5 - UA If Marine was not UA, leave blank. 5. UNAUTHORIZED ABSENCES (in excess of 24 hours) MARKS OF DESERTION

6 Feb 07. UA (AWOL) fr this org since 0801, 5 Feb 07. Abs rpt by RUC 12001 on UD 0028 dtd 6 Feb 07. I t e m 6 - Fi n a l D i s p o s i t i o n 6. FINAL DISPOSITION TAKEN AND DATE. Forf of $250 pay per mo for 1 mo. Total forf $250. 14 Jun 07. Do not enter No Punishment.

Item 7 - Suspension 7. SUSPENSION OF EXECUTION OF PUNISHMENT, IF ANY. 14 Jun 07. Forf of $250 pay per mo for 1 mo, susp for 6 mos, at which time, unless sooner vacated, the forf will be rem w/o further act. If no suspension type the word NONE. I t e m 8 - Fi n a l D i s p o s i t i o n

8. FINAL DISPOSITION TAKEN BY (Name, Grade, Title) J. A. BEGOOD, 1stLt, CO I t e m 9 - C O Ta k i n g F i n a l D Officer imposing punishment determines whether offenses are properly punishable under Article 15. 9. Upon consideration of the facts and circumstances surrounding (this offense) (these offenses) 10. DATE OF NOTICE and upon further consideration of the needs of military discipline in the command, I have TO ACCUSED OF determined the offense(s) involved herein to be minor and properly punishable under FINAL DISPOSITION Article 15, UCMJ, such punishment to be that indicated.

TAKEN. J. A. BEGOOD (Signature of CO who took final disposition in 6) _____________________________________ Item 10 Date accused is notified of the punishment. 9. Upon consideration of the facts and circumstances surrounding (this offense) (these offenses) and upon further consideration of the needs of military discipline in the command, I have determined the offense(s) involved herein to be minor and properly punishable under Article 15, UCMJ, such punishment to be that indicated.

J. A. BEGOOD (Signature of CO who took final disposition in 6) _____________________________________ 10. DATE OF NOTICE TO ACCUSED OF FINAL DISPOSITION TAKEN. 2007/06/14

I t e m 1 1 - R i g h t To A p p e a CO signs 11. The accused has been advised of the right to appeal. 2007/06/14 J. A. ______________________________________ (DATE) (Signature of CO who took final action in 9) BEGOOD

12. Having been advised of and understanding My right of appeal, at this time I (intend) (do not intend) to file an appeal. ___________ _________________________ (DATE) (Signature of Accused) 13. DATE OFAPPEAL, IF ANY.

Item 12 Marine signs, acknowledging understanding the right of appeal and indicates intentions. If Marine refuses to sign item 12 type: - See item 16 - In item 16 type: Marine refuses to indicate intentions or sign item 12. Item 12 11. The accused has been advised of the 12. Having been advised of and understanding right to appeal. My right of appeal, at this time I (intend)

(do not intend) to file an appeal. 2007/06/14 J. A. ___________________________________ (DATE) (Signature of CO who took final action in 9) BEGOOD 2007/06/14 ___________ (DATE)

PARE RONALD B. _________________________ (Signature of Accused) 13. DATE OFAPPEAL, IF ANY. Item 13 If the Marine submits appeal, type appeal date in this item.

If the Marine does not appeal type Not Appealed. Item 13 11. The accused has been advised of the 12. Having been advised of and understanding right to appeal. My right of appeal, at this time I (intend) (do not intend) to file an appeal. 2007/06/14 J. A. 2007/06/14 ___________________________________

___________ (DATE) (Signature of CO who took final action in 9) BEGOOD (DATE) RONALD B. PARE _____________________________ (Signature of Accused) 13. DATE OF APPEAL, IF ANY.

Not Appealed. Item 14 If Marine appeals, enter final action and date decision is made. If the Marine did not appeal - block is left blank. Item 15 Date of Notice to the accused of the decision of appeal. If the Marine did not appeal block is left blank.

Examples of Appeals 14. DECISION ON APPEAL, (IF APPEAL MADE), DATE THEREOF, AND SIGNATURE OF CO WHO MADE DECISION. Appeal Denied 25 Jun 07 25 Jun 2007 (DATE) J. A. BEGOOD (Signature of CO making decision of appeal) 14. DECISION ON APPEAL, (IF APPEAL MADE), DATE THEREOF, AND SIGNATURE OF CO WHO MADE DECISION.

Appeal granted, punishment set aside 25 Jun 2007 A. BEGOOD (DATE) (Signature of CO making decision of appeal) 14. DECISION ON APPEAL, (IF APPEAL MADE), DATE THEREOF, AND SIGNATURE OF CO WHO MADE DECISION. Red set aside, no further relief granted

25 Jun 2007 (DATE) J. A. BEGOOD (Signature of CO making decision of appeal) 15. DATE OF NOTICE TO ACCUSED OF DECISION OF APPEAL. 25 Jun 2007 15. DATE OF NOTICE TO

ACCUSED OF DECISION OF APPEAL. 25 Jun 2007 15. DATE OF NOTICE TO ACCUSED OF DECISION OF APPEAL. 25 Jun 2007 Item 16 - Remarks

Anything from a vacated suspension to forwarding offenses to next superior commander. Refusing to sign items 2 and 12. E x a m p l e Va c a t i o n of Punishment 16. REMARKS Forf of $250 per mo for 1 mo imposed and susp on 14 Jun 07 vacated 21 Aug 07.

17. Final administrative action, as appropriate, has been completed. UD#_______ DTD _________INIT___ Item 17 - Admin Action When administrative action is complete. Administrative action are UD entries Item 17 - Admin Action 17. Final administrative action, as appropriate has been completed. 0179

FJH 2007/06/18 UD#__________________ DTD _________________INIT______________ Item 18 - Unit Unit of accused. 18. UNIT CO A, 1st Bn, 10th Mar, 2d MarDiv, CamLej Items 19-21

Item 19 - Name Item 20 Grade, Rank Item 21 - SSN 19. INDIVIDUAL (Last name, First name, Middle initial) PARE RONALD B 45 6789 PARE Ronald B Pare Ronald B 20. GRADE 21. SSN

PFC, E-2 refer to MCO 1070.12, pg 2-10, par 2(a) 123 Disposition Instructions The UPB Binder consists of: Attached Pages Appeals Summary Transcripts Filed Alphabetically

New Binder Every Year Hold for 2 Calendar Years Disposition Instructions File the original in the SRB Copy to Official Military Personnel File Copy to unit files (UPB Binder) Copy to member Questions?

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