Illinois Administrative Code › Title 95 - VETERANS AND MILITARY AFFAIRS › Part 400 - ILLINOIS MANUAL FOR COURT-MARTIAL AND NONJUDICIAL PUNISHMENT › Subpart K - NONJUDICIAL PUNISHMENT › Section 400.1205 - Nonjudicial Punishment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				General. This Subpart prescribes the requirements, policies, limitations and
				procedures for the imposition of nonjudicial punishment (NJP) pursuant to the
				Adjutant General's authority under Code Section 15. It is a modification of
				Part V of the MCM and should be interpreted consistent with the MCM. Unless
				modified by the Code or this Part, the applicable procedures contained in NGIL
				27-10 and NGIL ANG Instruction 51-202 (both 2010; no later amendments or
				additions are incorporated) apply to NJP administered under this
				Subpart.
b) Use of Nonjudicial
				Punishment
1) Commander's Responsibility.
				Commanders are responsible for good order and discipline in their commands.
				Generally, discipline can be maintained through effective leadership, including
				administrative corrective measures. A commander should use nonpunitive
				disciplinary tools (e.g., counseling and reprimands) to the fullest extent to
				further the efficiency of the command before resorting to NJP. However, NJP may
				be used in all misconduct cases involving minor offenses for which the
				commander considers nonpunitive measures to be inadequate or inappropriate. In
				determining the method of discipline, commanders should consider the nature of
				the offense, the record of the service member, the need for good discipline,
				and the effect of punitive measures on the service member's record. All
				disciplinary measures shall be resolved at the lowest appropriate level and
				shall use the least severe discipline appropriate to the offense.
2) Statute of Limitations. Prompt action is
				essential for NJP to have the proper corrective effect. NJP may not be imposed
				for offenses committed more than 3 years before the date of initiation of
				NJP.
3) Applicability of Army or
				Air Force NJP Regulations
When the use of NJP is appropriate, the procedures of this
				  Subpart shall be used in lieu of the administrative reduction in rank
				  procedures created by applicable personnel regulations (Army Regulation (AR)
				  600-8-19, NGR (AR) 600-200 or ANGI 36-2503, etc.). When a situation arises that
				  is not addressed by this Subpart, the Army or Air Force regulations concerning
				  NJP should be consulted for guidance, as appropriate (e.g., AR 27-10, Air Force
				  Instruction (AFI) 51-202).
4) Restriction on Punishment after Exercise
				of Jurisdiction by Civilian Authorities. An SMF member who has been tried in a
				civilian court may, but normally will not, be disciplined under this Subpart
				for the same acts over which the civilian court exercised jurisdiction. NJP
				action should not be used to discipline SMF members for civil court convictions
				because, in that instance, civil authorities have already disposed of criminal
				allegations and imposed criminal punishments. In cases of civil court
				convictions, the chain of command should normally consider appropriate
				administrative (i.e., nonpunitive) measures. Prior to imposition of NJP on SMF
				members for offenses that have been disposed of by civilian courts, commanders
				must obtain written approval of the Adjutant General or designee. Requests for
				that approval shall be staffed through command channels to:
Office of the Adjutant General
ATTN: NGIL-JA
1301 N. MacArthur Blvd.
Springfield IL 62702-2317