NJP (Non-Judicial Punishment)

Start Here If You Are New to NJP

Non-Judicial Punishment (NJP) is the commanding officer's disciplinary tool under Article 15, UCMJ. In the Marine Corps, NJP is also called Office Hours (for company-grade and below) or Captain's Mast (for ship-board procedures and Navy traditions). NJP is short of court-martial. The commanding officer hears the case and decides guilt and punishment. Maximum punishments scale with the imposing commander's rank and the Marine's grade. The most important right you have is to REFUSE NJP and demand court-martial (with limited exception for Marines attached to or embarked in a vessel). Refusal is a major decision with significant consequences. Talk to Defense Counsel BEFORE deciding to accept or refuse NJP. Defense Counsel is free. Per UCMJ Article 15, MCO 5800.16 Vol 14MCO 5800.16 Vol 14, JAGMAN Chapter 1, and Manual for Courts-Martial Part V.

This page walks you through NJP from your seat as a General Marine. By the end you will know.

• What NJP is and when it applies
• The right to refuse NJP and demand court-martial
• The right to consult Defense Counsel before deciding
• The NJP procedure and your rights at the hearing
• Maximum punishments by imposing commander's rank and Marine's grade
• The appeal process
• Setting aside NJP
• Effect on records and future career
• The summarized vs formal distinction

Every fact on this page comes from UCMJ Article 15, MCO 5800.16 Vol 14MCO 5800.16 Vol 14, JAGMAN Chapter 1, and Manual for Courts-Martial Part V.

What NJP Is

NJP is the commanding officer's authority under UCMJ Article 15 to impose limited punishment for minor offenses without convening a court-martial.

Why NJP Exists

NJP allows commanders to maintain good order and discipline for relatively minor offenses without the time, expense, and severity of a court-martial. NJP is faster, less formal, and the punishment is more limited.

Common Names for NJP

• Article 15. The UCMJ statutory authority.
• Non-Judicial Punishment. The formal title.
• Office Hours. The company-grade Marine Corps procedure.
• Captain's Mast. The ship-based procedure (Navy and Marines on ships).

When NJP Applies

NJP applies to.

• Minor offenses under the UCMJ.
• Offenses where court-martial is not required or not appropriate.
• Marines whose commanding officer determines NJP is the appropriate disciplinary tool.

Who Imposes NJP

Per Article 15, the commanding officer imposes NJP. This includes.

• Commanding Officer of the Marine's command.
• Officer-in-Charge (in some cases).
• Officer Exercising General Court-Martial Convening Authority (OEGCMCA), in higher-tier NJP cases.

The level of NJP depends on the imposing officer's grade and command authority.

The Critical Right. Refuse NJP

The Statute (Article 15(a))

Per UCMJ Article 15(a), with one important exception, you have the right to refuse NJP and demand a trial by court-martial.

The Exception. Vessel Exception

Marines attached to or embarked in a vessel do NOT have the right to refuse NJP. The "vessel exception" applies only when the Marine is actually attached to or embarked in a U.S. Navy vessel at the time of the alleged offense or NJP. Marine units in garrison or on shore-based duty have the right to refuse.

Why You Might Refuse

• The available defense at court-martial is stronger.
• The maximum punishment at NJP is unacceptable to you.
• You have evidence of factual innocence and want a full trial.
• You have grounds for procedural challenges that NJP does not afford.

Why You Might Accept

• The evidence against you is strong and a court-martial could result in a more severe outcome.
• The NJP punishment is acceptable and ends the matter quickly.
• A court-martial conviction creates a federal criminal record. NJP does not.
• The career impact may be less severe with NJP than with a court-martial conviction.

THE Defense Counsel Conversation

Before deciding to refuse or accept, you have the right to consult Defense Counsel. Defense Counsel will help you weigh the trade-offs. THIS IS NOT OPTIONAL. ALWAYS CONSULT DEFENSE COUNSEL.

The Legal Services Overview and How to Get Help leaf covers Defense Counsel access.

The NJP Procedure

Step 1. Notification

The Marine receives notification that the commander intends to dispose of the matter at NJP. Typically delivered in writing.

Step 2. Right to Consult Defense Counsel

The Marine has the right to consult Defense Counsel before deciding to accept or refuse NJP.

Step 3. Decision to Refuse or Accept

The Marine signs an acceptance or refusal of NJP. The decision is documented.

Step 4. NJP Hearing (If Accepted)

The hearing typically includes.

• The Marine is present.
• The commanding officer reads the alleged offenses.
• The Marine has the right to remain silent.
• The Marine has the right to make a statement.
• The Marine has the right to call witnesses.
• The Marine has the right to present evidence.
• The Marine has the right to consult with a personal representative (often Defense Counsel or a senior Marine).
• The hearing is open to the public unless the commanding officer determines otherwise.
• The hearing is NOT a court-martial. Strict rules of evidence do not apply.

Step 5. Decision

The commanding officer decides guilt and punishment. The standard of proof is preponderance of the evidence (lower than the court-martial standard of beyond a reasonable doubt).

Step 6. Punishment Imposition

If found guilty, the commanding officer imposes punishment within the limits authorized for the imposing officer's grade.

Step 7. Appeal

The Marine has the right to appeal the NJP and the punishment.

Maximum Punishments

Per Article 15 and Manual for Courts-Martial Part V, NJP punishments scale with the imposing officer's grade and the Marine's grade.

Punishments Available at NJP

Common punishments include.

• Forfeiture of pay (limited).
• Reduction in grade (E-1 through E-4 for company-grade NJP; E-1 through E-6 for field-grade NJP).
• Restriction.
• Extra duties.
• Confinement (in limited circumstances).
• Correctional custody (rarely imposed).
• Bread and water rations (only on vessels).
• Reprimand or admonition.

Imposing Officer Authority

Company-Grade NJP (Captain or below)

For E-1 through E-4. Maximum punishments include.

• Reduction one grade (E-1 to E-1, no further reduction).
• Forfeiture of 7 days' pay.
• Restriction for 14 days.
• Extra duties for 14 days.

For E-5 through E-9. Maximum punishments include.

• Forfeiture of 7 days' pay.
• Restriction for 14 days.
• Extra duties for 14 days.
• No reduction in grade.

For Officers (W-1 through O-5). Maximum punishments include.

• Restriction to limits for not more than 14 days.
• Reprimand.

Field-Grade NJP (Major or above)

Higher maximums. For E-1 through E-4. Maximum punishments include.

• Reduction in grade.
• Forfeiture of 50 percent of pay per month for 2 months.
• Restriction for 60 days.
• Extra duties for 45 days.
• Correctional custody for 30 days (rare).

For E-5 through E-6. Reduction in grade is authorized at field-grade NJP.

For E-7 through E-9. Reduction generally requires a court-martial.

Specific Limits Vary

The exact limits are in MCM Part V and MCO 5800.16 Vol 14MCO 5800.16 Vol 14. The above is general framework. Defense Counsel can provide specifics for your situation.

The Hearing in Practice

Open or Closed

NJP hearings are typically open. The commanding officer can close the hearing in limited circumstances.

Witnesses

You have the right to call witnesses. The commanding officer can place reasonable limits but generally allows relevant witnesses.

Personal Representative

You have the right to a personal representative at the hearing. This is typically.

• Defense Counsel.
• A senior Marine of your choice (NCO, SNCO, or Officer).
• The personal representative provides counsel and support but does not represent you in the formal sense (this is not a trial).

Right to Remain Silent

You have the right to remain silent at the NJP hearing. The commanding officer cannot draw an inference of guilt from your silence.

Right to Make a Statement

You have the right to make a statement. The statement can be sworn (under oath) or unsworn (not under oath). Defense Counsel can advise on which is appropriate.

Evidence and Standard of Proof

The commanding officer can consider any reliable evidence. Strict rules of evidence do not apply. The standard of proof is preponderance of the evidence (more likely than not).

NJP Appeal

Per Article 15(e), you have the right to appeal NJP punishment to the next superior authority.

Grounds for Appeal

• Punishment is unjust.
• Punishment is disproportionate to the offense.
• The findings are not supported by the evidence.

Time Limits

Generally 5 days from punishment imposition (subject to extension). Coordinate with Defense Counsel.

Appeal Process

The appeal is reviewed by the next superior authority. The reviewing authority can.

• Affirm the NJP and punishment.
• Reduce the punishment.
• Set aside the NJP entirely.

Defense Counsel for Appeal

You can consult Defense Counsel for the appeal. Free.

Setting Aside NJP

In rare circumstances, NJP can be set aside.

When NJP Is Set Aside

• New evidence demonstrates factual innocence.
• The original NJP procedure was fundamentally flawed.
• Other extraordinary circumstances.

Effect of Setting Aside

The NJP and all associated punishments are removed from the record. The Marine is restored to status as if NJP had not occurred.

Effect on Records and Career

Page 11 Entry

NJP creates a Page 11 entry in your Service Record Book (SRB) and Officer Qualification Record (OQR).

Effect on Promotion

The Page 11 entry is reviewed by promotion boards and selection boards.

• A pattern of NJP entries significantly affects promotion.
• A single NJP entry can be recoverable with sustained subsequent strong performance.

Effect on Reenlistment

NJP affects reenlistment eligibility, special duty selection, and retention.

Effect on Civilian Career

NJP is NOT a federal criminal conviction. NJP does not appear on civilian background checks. (A court-martial conviction WOULD appear.)

Filing Location

The Page 11 entry remains in the SRB or OQR for the duration of service. NJP affects the OMPF.

Summarized vs Formal NJP

Summarized NJP

Some installations use a summarized NJP procedure for very minor offenses. Lower maximum punishments and less formal procedures.

Formal NJP

The standard procedure described above. Higher maximum punishments.

The exact procedure varies by command and circumstance. Defense Counsel can clarify which applies in your case.

NJP for Officers

Officers can also be subject to NJP, with different procedural protections and punishment limits.

• Officer NJP is heard by a higher-grade officer (typically the next echelon up).
• Officer punishments at NJP are more limited (no reduction in grade, no confinement, no forfeitures of pay generally).
• Officer NJP affects fitness reports and promotion boards similarly.

Common Mistakes Marines Make at NJP

Mistake 1. Accepting NJP Without Defense Counsel

The right to consult Defense Counsel is fundamental. Always consult before deciding.

Mistake 2. Believing the "Office Hours Is No Big Deal" Mindset

NJP creates a permanent record entry that affects promotion and reenlistment. Treat it seriously.

Mistake 3. Refusing NJP Without Understanding the Trade-off

Refusing NJP demands court-martial. Court-martial has higher maximum punishments and creates a federal criminal record if convicted. Defense Counsel will explain the trade-off.

Mistake 4. Not Appealing When Grounds Exist

Many Marines accept the NJP and punishment without considering an appeal. If grounds exist (unjust punishment, evidentiary issues), appeal.

Mistake 5. Making a Statement Without Defense Counsel

Statements at NJP, like statements at court-martial, can affect the outcome. Coordinate with Defense Counsel before making any statement.

Common Questions Marines Ask

What is NJP?

Non-Judicial Punishment under UCMJ Article 15. The commanding officer's disciplinary tool short of court-martial. Also called Office Hours or Captain's Mast.

Can I refuse NJP?

Yes, with one exception. Marines attached to or embarked in a vessel cannot refuse. Otherwise you can refuse and demand court-martial.

Should I refuse NJP?

It depends. Court-martial has higher maximum punishments and creates a federal criminal record if convicted. NJP punishments are more limited. CONSULT DEFENSE COUNSEL before deciding.

Is NJP free or do I need to pay for an attorney?

Defense Counsel is free for active duty Marines. You can consult Defense Counsel before deciding to accept or refuse NJP and at the hearing.

What happens at the NJP hearing?

The commanding officer reads the alleged offenses. You can remain silent, make a statement, call witnesses, present evidence. The commanding officer decides guilt and punishment.

What is the standard of proof at NJP?

Preponderance of the evidence (more likely than not). Lower than the court-martial standard of beyond a reasonable doubt.

What punishments can the commanding officer impose?

Depends on the imposing officer's grade and your grade. Common punishments include forfeiture, reduction in grade, restriction, extra duties, confinement (limited), and reprimand. Specific limits in MCM Part V.

Does NJP create a criminal record?

No. NJP is administrative. It does NOT create a federal criminal conviction. A court-martial conviction WOULD create a criminal record.

How does NJP affect my promotion?

NJP creates a Page 11 entry. Promotion boards review the Page 11. A single NJP can be recoverable with sustained subsequent strong performance. A pattern is harder to overcome.

Can I appeal NJP?

Yes. Within 5 days (subject to extension). The appeal is reviewed by the next superior authority. Coordinate with Defense Counsel.

Can NJP be set aside?

In rare circumstances. New evidence of factual innocence or fundamental procedural flaws can support setting aside. Coordinate with Defense Counsel.

How do I find Defense Counsel?

Through your installation's LSSS or OSJA. The Legal Services Overview and How to Get Help leaf covers access.

Where to Go for Help

Routing by Issue

• Defense Counsel for NJP. Installation LSSS or OSJA Defense Counsel.
• Personal Representative selection. Defense Counsel can advise.
• Appeal preparation. Defense Counsel.
• Set-aside request. Defense Counsel.
• Personal Services Attorney for Page 11 implications. Installation LSSS or OSJA.

Where to Go Next on This Site

• Legal Services landing page lists all topics.
• Legal Services Overview and How to Get Help covers Defense Counsel access.
• Article 31 Rights and Investigations covers your rights when questioned.
• Court-Martial Process covers the alternative to NJP.
• Administrative Separation covers the related but distinct administrative process.
• Article 138 and IG Complaints covers complaints if NJP is misused.
• Performance Evaluation Overview covers Page 11 implications for FITREPs.

Related Roles

• Leaders coach Marines on the consult-Defense-Counsel-first rule when notified of NJP.
• Admin at S-1 supports notification process and Page 11 entry tracking.
• Commanders impose NJP per UCMJ Article 15 and respect procedural rights including the right to refuse.

NJP is the commanding officer's disciplinary tool under UCMJ Article 15. Office Hours or Captain's Mast in Marine Corps usage. With the vessel exception, you have the right to REFUSE NJP and demand court-martial. ALWAYS consult Defense Counsel before deciding. Free Defense Counsel through LSSS or OSJA. Maximum punishments scale with imposing officer's grade and your grade. NJP creates a Page 11 entry but does NOT create a federal criminal conviction. Appeals available within 5 days (subject to extension) to the next superior authority. Setting aside available in rare circumstances.