Retorts made while out of uniform are subject to disciplinary action.
For Enlisted members Accused Of Misconduct
There are three types of non-judicial punishment commonly imposed.
Summary Article 15: commanders (O-3 and below) and commissioned OIC may impose:
- Restriction to specific limits (normally work, barracks, place of worship, mess hall, and medical facilities) for not more than 14 days
- Extra duties, including fatigue or other duties, for not more than 14 days
- Restriction with extra duties for not more than 14 days
Company Grade (O-3 or below) commanders may impose the above plus:
- Correctional Custody for not more than 7 days (only if accused is in the grades E-3 and below)
- Forfeiture of 7 days pay
- Reduction by one grade, if original rank in promotion authority of imposing officer (USA/USAF E-4 and below.)
- Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.
Field Grade (O-4 to O-6) may impose:
- Restriction for not more than 60 days
- Extra duties for not more than 45 days
- Restriction with extra duties for not more than 45 days
- Correctional Custody for not more than 30 days (only if accused is in the grades E-3 and below)
- Forfeiture of one half of base pay for two months
- Reduction by one grade if E-6 (USMC E-5) or below or reduction to E-1 (USA/USAF E-4 and below.)
- Confinement on diminished rations or bread and water for not more than 3 days (USN/USMC E-3 and below only, and only when embarked on a vessel)
- Admonition or reprimand, either written or verbal.
If the member considers the punishment to be unjust or to be disproportionate to the misconduct committed, he or she may appeal to higher authority. The appeal authority may set aside the punishment, decrease its severity, or deny the appeal, but may not increase the severity of the punishment. Personnel also are permitted to refuse NJP in favor of a Court Martial; this would be done in cases where they do not feel their Commanding Officer will give them a fair hearing, but this option exposes service members to future public disclosure of military court records. Navy and Marine Corps Personnel assigned to or embarked aboard ship do not have the option of refusing NJP nor can they appeal the decision of the office imposing punishment; they may only appeal the severity of the punishment.
