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Nonjudicial Punishment (Article 15)

Special Rules for Reservists

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Continued From Part 5 -- Clemancy and Corrective Actions

Reservists on active duty for training, or under some circumstances inactive duty training, are subject to the UCMJ and therefore to the imposition of NJP.

A member of a Reserve component who is subject to the UCMJ at the time he / she commits an offense in violation of the UCMJ is not relieved from amenability to NJP or court-martial proceedings solely because of the termination of his / her period of active duty for training or inactive duty training before the allegation is resolved at NJP or court-martial.

Hence, the commanding officer seeking to impose NJP over Reserve personnel has the following options:

(1) Impose NJP during the active duty or inactive duty training when the misconduct occurred

(2) impose NJP at a subsequent period of active duty or inactive duty training (so long as this is within 2 years of the date of the offense)

(3) request from the Regular officer exercising general court-martial jurisdiction over the accused an involuntary recall of the accused to active duty or inactive duty training for purposes of imposing NJP, or

(4) if the accused waives his right to be present at the NJP hearing, the commanding officer or officer in charge may impose NJP after the period of active duty or inactive duty training of the accused has ended.

(5) Confinement is not an authorized punishment without the approval of the Secretary of the service concerned for those Reserve members who have been involuntarily recalled for purposes of imposition of discipline.

(6) For those Reserve personnel who receive restriction or extra duty as a result of NJP imposed during a normal period of active duty training or inactive duty training, the restraint may not extend beyond the normal termination of the training period. This provision does not preclude a "carry-over" of awarded but unserved restraint at a later period of active duty training or inactive duty training.

(7) For those Reserve personnel who receive a restraint form of punishment from an NJP or court-martial for which they have been involuntarily recalled to active duty, such punishment cannot be served at any time other than a subsequent active duty training session unless the Secretary of the service concerned so approves.

Information derived from Handbook of Military Justice & Civil Law

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