July 1, 2021

Navigating Post-NJP Actions

Navigating post-nonjudicial punishment (NJP) actions is understandably confusing. It is important to handle modifications to punishment correctly at the command level to ensure compliance with servicemembers’ due process rights. Keep in mind that, for many actions, a command must have an articulated reason for changing the punishment, such as a demonstrated conduct improvement or a determination that the punishment resulted in clear injustice. If a valid reason exists, there are four courses of action that NJP authorities or their successors in command can take under the Uniform Code of Military Justice (UCMJ) Article 15, paragraph 6: suspension, mitigation, remission, and a set aside.