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Nonjudicial Punishment
DMAIL Regulation 27-1
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Regulation Chapters 1-6

Appendix A: Commander's Guidance
Appendix B: Example of Completed NGIL 60-R
Appendix C: Format of Nonjudicial Punishment
Appendix D: Maximum Punishments
Appendix E: Example of Completed NGIL 60-R
Appendix F: Sample Specification
Appendix G: Record of Nonjudicial Punishment Proceedings (NGIL  60-R)
Appendix H: Record of Supplementary Nonjudicial
Punishment Action (NGIL  61-R)
 
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Nonjudicial Punishment
Department of Military Affairs (DMAIL) Regulation No. 27-1
DMAIL Air National Guard (ANG) Regulation No. 111-9

For Chapter and Appendix Index, click here

CHAPTER 1

APPLICABLE POLICIES

1-1. GENERAL. This chapter prescribes the requirements, policies, limitations, and procedures for the imposition of nonjudicial punishment pursuant to the Governor's authority to make rules and regulations for the discipline of the militia (Illinois Compiled Statutes, Chapter 20, Paragraph 1805/9). Throughout this regulation, and where the context permits, a word or phrase used in the singular shall include the plural and used in one gender shall include both genders.

1-2. USE OF NONJUDICIAL PUNISHMENT. A commander should use nonpunitive disciplinary tools (e.g., counselings and reprimands) to the fullest extent to further the efficiency of the command before resorting to nonjudicial punishment. However, use of nonjudicial punishment is proper in all misconduct cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. The term "minor offenses" means those offenses as are made punishable by the military laws of the United States and the laws of the State of Illinois. Prompt action is essential for nonjudicial punishment to have the proper corrective effect; however, nonjudicial punishment action may be initiated at any time within the statute of limitations for that offense under the UCMJ or State statutes, as applicable. Furthermore, when the use of nonjudicial punishment is appropriate, these procedures will be used in lieu of the administrative reduction procedures under NGR 600-200.

1-3. PERSONAL EXERCISE OF DISCRETION.

a. A commander will personally exercise discretion in the nonjudicial punishment process by:

(1) Evaluating the case to determine whether nonjudicial punishment proceedings should be initiated.

(2) Determining whether the member committed the offense(s) where nonjudicial punishment proceedings are initiated.

(3) Determining the amount and nature of any punishment, if punishment is appropriate.

b. No superior may direct any subordinate commander to impose nonjudicial punishment on any individual.

c. No superior may issue regulations or "guides" that either directly or indirectly suggest to subordinate commanders that:

(1) Certain categories of offenders or offenses should be disposed of by nonjudicial punishment (e.g., that AWOL soldiers will be processed for nonjudicial punishment).

(2) Pre-determined kinds or amounts of punishment should be imposed for certain categories of offenders or offenses (e.g., that AWOL NCO's will be reduced one grade).

 


CHAPTER 2

AUTHORITY

2-1. WHO MAY IMPOSE NONJUDICIAL PUNISHMENT.

a. Unless otherwise specified in this regulation, or if authority to impose nonjudicial punishment has been limited or withheld by a superior commander (see para 2-1b below), any commander may impose nonjudicial punishment on commissioned officers, warrant officers, and enlisted members of his command.

(1) The term "commander", as used in this regulation, means a commissioned or warrant officer who, by virtue of his grade and assignment, exercises primary command authority over a military unit or organization that under pertinent official directives is recognized as a command. This term includes active duty and National Guard commanders, whether in a Title 10 or Title 32 status, of installations or schools when a soldier's Illinois National Guard commander is not also at the installation or school.

(2) The term "notifying commander" refers to the commander who initiates the nonjudicial punishment proceedings and completes items 1 to 4 of NGIL Form 60-R.

(3) The term "imposing commander" refers to the commander who actually imposes the nonjudicial punishment. The Adjutant General may not act as an imposing commander, and he will delegate nonjudicial punishment authority to such officer as he deems appropriate.

(4) The term "next superior commander" refers to the next superior in the chain of command, or such other authority as may be designated by the Adjutant General as being next superior for nonjudicial punishment purposes.

(5) The term "members of his or her command" refers to the assigned members of the unit or organization commanded, and to other members who are on temporary duty or otherwise attached to the unit or organization. Attachment orders are not necessary if the commander exercises the usual responsibilities and attributes of command over the member.

b. A commander at any level may withhold from any subordinate commander all or part of the nonjudicial punishment authority that he would otherwise have had under this regulation, such as over certain categories of military personnel, offenses, or individual cases. Such withholding action may be oral, in writing, or incorporated in a permanent directive, but it must clearly set out the specific authority withheld.

c. To impose nonjudicial punishment on officers, warrant officers, or enlisted personnel in grades E-8 or E-9, the commander must be in the grade of lieutenant colonel or above, or be assigned to at least a battalion/squadron command position.

2-2. PERSONS ON WHOM NONJUDICIAL PUNISHMENT MAY BE IMPOSED.

Nonjudicial punishment may be imposed on the following persons, regardless of whether the offense was committed inside or outside the State of Illinois:

a. Members of the Illinois National Guard for offenses committed while in a Federally-funded status pursuant to Title 32, United States Code, Sections 316, 502, 503, 504, or 505.

b. Members of the Illinois National Guard for offenses committed while in a State duty status pursuant to orders of the Governor.

c. Members of the Illinois National Guard for offenses committed while in a Federal training status pursuant to Title 10, United States Code, Sections 12301(b) or 12301(d) under the following circumstances:

(1) The individual is in a Title 32 duty status at the time nonjudicial punishment proceedings are initiated; and

(2) No disciplinary action was initiated for the offense while the individual was in a Title 10 status.

d. Members of the Illinois National Guard for offenses committed while in a "civilian" status (i.e., not on military orders pursuant to either Title 10 or Title 32 at the time the offense was committed) under the following circumstances:

(1) There is a sufficient military nexus between the offense and the individual's status as a member of the Illinois National Guard; and

(2) The member is not subject to other, more appropriate, National Guard disciplinary proceedings (e.g., adverse action under Technician Personnel Regulation (TPR) 752), or appropriate punishment has already been imposed under such disciplinary proceedings and the nature or severity of the offense is such that nonjudicial punishment is also warranted.

e. All other persons lawfully ordered to duty in or with the Illinois National Guard for the time period stated in the order or other directive.


 

CHAPTER 3

PROCEDURE

3-1. GENERAL. The authority to impose nonjudicial punishment charges a commander with the responsibility of exercising his authority in an absolutely fair and judicious manner. The commander's action must be temperate, just, and conducive to good order and discipline.

3-2. PRELIMINARY INQUIRY. The commander of the alleged offender must ensure that the matter is promptly and adequately investigated. The preliminary investigation is usually informal and consists of interviews with witnesses and/or review of police or other informative reports. The investigation should cover:

a. Whether an offense was committed;

b. Whether the member was involved; and

c. The character and military record of the member.

3-3. INITIATION OF PROCEEDINGS. A commander who, after a preliminary inquiry, determines that nonjudicial punishment proceedings are appropriate, should consult with his Staff Judge Advocate for advice and assistance. The nonjudicial punishment action should normally be initiated by the immediate commander; however, the matter may be referred to a superior commander for initiation of proceedings if appropriate (e.g., the offense may warrant reduction and the immediate commander does not have promotion/reduction authority). In such a case, all relevant documents will be forwarded through command channels to the appropriate commander.

3-4. NOTIFICATION.

a. The appropriate commander will complete blocks 1-4 of NGIL Form 60-R as follows (see the example at Appendix B):

(1) Block 1: State the allegation using the formats at Appendix F; consult your Staff Judge Advocate for assistance.

(2) Block 2: contact your Staff Judge Advocate for assignment of a military counsel to assist the member. At a minimum, state the counsel's business address and telephone number in this block; home address or telephone number should never be given. You should also set up the member's appointment with the counsel, if possible.

(3) Block 3: State the name, rank, and duty title of the next superior commander.

(4) Block 4: State the date and time at which the member must report to you to make his elections and presentation, if applicable. In this regard, the member will be given a reasonable period of time to consult with counsel to prepare his case and to decide what rights noted under paragraph 3-5a he will exercise. The length of the decision period should be determined by the notifying commander after considering factors such as the complexity of the case and the availability of counsel and witnesses. A nonjudicial punishment action may be initiated and completed within an IDT weekend if: (a) it is a "non-complex" case; (b) the initiating commander ensures availability of counsel and witnesses; and (c) the member is provided sufficient duty time to prepare his defense.

b. The notifying commander should personally notify the member of the initiation of nonjudicial punishment proceedings using the guide at Appendix A. In this regard, a copy of NGIL Form 60-R will be given to the member along with copies of all supporting documents and statements upon which the allegations of misconduct are based. However, when the furnishing of copies to the member is prohibited by another regulation (e.g., OSI or CID reports, classified information, etc.), then access to the records will be IAW that regulation. In such a case, nonjudicial punishment proceedings may proceed if the member's counsel has access to the records or a summary of the information for his use in preparing a defense to the allegations.

c. The member will be informed of the maximum punishment that may be imposed under Appendix D of the regulation if he is found guilty of the alleged offense(s); however, the member is not entitled to be informed of the type or amount of punishment he will receive if nonjudicial punishment ultimately is imposed.

d. If a new commander takes command after nonjudicial punishment proceedings are initiated but before the member presents his case to the imposing commander, a new NGIL Form 60-R will be initiated by the new commander. Once again, the member will be given a reasonable decision period in which to consult counsel.

3-5. MEMBER'S ELECTION OF RIGHTS.

a. The member has the following rights during nonjudicial punishment proceedings:

(1) To remain silent and not make any statement concerning the allegations. However, if the members waives this right, any statements made may be used against him in the nonjudicial punishment proceedings or in any other proceedings.

(2) To consult with appointed military counsel.

(3) To demand a hearing before the next superior commander in lieu of presenting his case before the notifying commander.

(4) To fully present his case at a hearing before the imposing commander in writing or in person, or both. This includes the right to call witnesses, to present evidence, to be represented by a spokesperson (if reasonably available), and to examine available evidence.

b. The member has the right to consult with appointed military counsel (in person or by telephone) prior to making his elections in block 5 of the NGIL Form 60-R. If necessary, the member or his counsel may request an extension of the time period stated in block 4 of the DMAIL Form 60-4. Such a request should be in writing, stating the reasons for the request, and the commander may grant an extension for good cause shown by the member or his counsel.

c. If the member requests a hearing before the notifying commander, the member will complete block 5 of the NGIL Form 60-R and the hearing will be conducted at that time or at such time as the commander directs.

d. If the member demands a hearing before the next superior commander, the member will complete block 5 of the NGIL Form 60-R and the notifying commander will forward all documents, statements, and evidence to that commander. The next superior commander will then review the information, collect any additional information he feels is necessary, and notify the member and his counsel of the date and time of the hearing.

e. If the member does not notify the commander of his decision within the specified time and does not request a delay, or if the member refuses to complete or sign block 5 of NGIL Form 60-R, the notifying commander may continue the proceedings based on available information. If punishment is imposed, that information will be recorded in block 6, NGIL Form 60-R, along with the following entry: "Advised of (his) (her) rights and (did not respond within specified time) (refused to complete and sign block 5)".

3-6. HEARING PROCEDURES.

a. The member will be allowed to personally present matters in defense, extenuation, or mitigation to the commander, and he can present those matters in writing or in person, or both. The purpose of the hearing is to allow the member to present information to the commander in a manner which may be more effective or more persuasive than a written presentation, and it allows the commander to clarify facts or issues. The personal presentation is not an adversarial hearing and formal rules of evidence are not applicable. The commander may consider any matter, including unsworn statements, that he believes to be relevant to the offense.

b. At the hearing, the member will be entitled to:

(1) Examine any relevant documents or physical objects on which the commander intends to rely in deciding whether or how much punishment to impose (subject to the limitations under para 3-4b).

(2) Be accompanied by a spokesperson provided or arranged for by the member. The member may be accompanied by his appointed military counsel or by a civilian counsel retained at his own expense. However, the member has no right to legal counsel at the hearing, and the commander need not grant a delay for the appearance of any spokesperson if that person is not reasonably available, as determined by the commander.

(3) Present relevant witnesses who are reasonably available, as determined by the commander, and can be presented without legal process.

c. The imposing commander must carefully consider all matters submitted in defense, extenuation, or mitigation. If, after evaluation of all pertinent matters, the imposing commander determines that nonjudicial punishment is not warranted, the member will be notified that the proceedings have been terminated and all copies of NGIL Form 60-R will be destroyed.

d. If, after evaluation of all pertinent matters, the imposing commander determines that nonjudicial punishment is warranted, the commander shall line out and initial the offenses, if any, that he determines the member did not commit. The commander will then determine an appropriate punishment, announce the punishment to the member, and complete block 6 of NGIL Form 60-R using the punishment formats in Appendix C of this regulation as a guide. The commander may also counsel the member at this time concerning the misconduct and, if appropriate, refer the member to military or civilian agencies that can assist in resolving any personal problems that may have contributed to the misconduct. The commander should then explain appellate rights and procedures to the member, and complete blocks 7 and 8 of NGIL Form 60-R.

3-7. APPEALS OF NONJUDICIAL PUNISHMENT.

a. General. The member may appeal the commander's imposition of nonjudicial punishment to the next superior commander or to such other authority as may be designated by the Adjutant General for nonjudicial punishment purposes. If the appellate authority is the Adjutant General, he may delegate the power to act on appeals to the Assistant Adjutant General-Army or Assistant Adjutant General-Air. All matters to be considered on appeal must be submitted by the member in writing, the member has no right to an oral presentation on appeal, and only one appeal is permissible under nonjudicial punishment proceedings.

b. Procedure for submitting an appeal.

(1) At the time the punishment is announced to the member, he will be informed of his right to appeal and will be directed to state whether he is appealing the nonjudicial punishment. If the member elects to appeal, the member may request 10 calendar days to submit any additional written matters in support of the appeal. The commander may grant an extension of the 10-day period for good cause shown by the member or his counsel. If written matters are not presented to the imposing commander within the prescribed time, the appeal will be sent to the appellate authority for his decision with a statement to that effect.

(2) The member is not required to state the reasons for his appeal or to submit any written matters. However, if the member elects to submit written matters in support of the appeal, these matters must be presented initially to the imposing commander; they may not be presented directly to the appellate authority.

(3) Punishments are not stayed pending final decision on an appeal unless no action is taken within 10 days after the appeal was submitted. In that case, if the member requests, any unexecuted punishment involving restriction or extra duty shall then be stayed until action is taken on the appeal.

(4) If the member refuses to complete or sign block 8 of NGIL Form 60-R, such refusal will not be treated as an appeal. The commander will process NGIL Form 60-R as if the member declined to appeal and will make the following entry in block 8, "Advised of punishment and appellate rights and member refused to (complete) (sign)."

c. Action by imposing commander. The imposing commander may take any action on the appeal that he deems appropriate. The commander may suspend, mitigate, remit, or set aside any part of the punishment; however, punishments may not be increased on appeal. If the imposing commander grants the full relief requested by the member, then the appeal is not forwarded to the appellate authority. In all other cases, the commander will forward the appeal and all written material referred to in imposing the punishment to the appellate authority. The commander may also forward appropriate comments or recommendations concerning the appeal.

d. Action by appellate authority. Action by the appellate authority will be entered in block 10, NGIL Form 60-R. The appellate authority will take action expeditiously, normally within 10 calendar days after the appeal was submitted. The appellate authority may conduct an independent inquiry into the case, if desired, and will then refer the appeal to his SJA for an opinion. In acting on an appeal, the appellate authority may exercise the same powers with respect to the punishment as may be exercised by the imposing commander. After the appellate authority takes action, the member shall be promptly notified of the results and will complete block 11, NGIL Form 60-R.

e. Action by Staff Judge Advocate. When an appeal is referred to the SJA, the appellate authority will be advised as to the appropriateness of the punishment and whether the proceedings were conducted in accordance with law and regulation. The SJA's opinion may be either oral or written and will be recorded in block 9, NGIL Form 60-R.

3-8. NOTIFICATION BY CERTIFIED MAIL. All nonjudicial punishment proceedings will be conducted in person with the member, whenever possible, to ensure the member understands, and has full opportunity to exercise, all rights granted under this regulation. However, if the commander determines the member is not reasonably available to conduct any portion of the proceedings in person, the member may be notified by certified mail of the following matters:

a. Initiation of nonjudicial punishment proceedings, if the commander has first made attempts to initiate the proceedings in person. If those attempts are unsuccessful, the commander must attach a memorandum to the NGIL Form 60-R stating what attempts were made and why the use of certified mail was necessary.

b. Date and time of the personal hearing.

c. The member's punishment.

d. The member's right to appeal.

e. Action taken on the appeal.

f. Supplementary nonjudicial punishment actions under Chapter 5.

In all of the above cases, the commander will annotate the appropriate blocks on NGIL Form 60-R showing notification by certified mail, and the certified mail receipts will be attached to the NGIL Form 60-R as allied documents.


 

CHAPTER 4

PUNISHMENT

4-1. GENERAL. Whether to impose punishment, and the amount and nature of the punishment, are the sole decisions of the imposing commander. However, the commander is encouraged to discuss appropriate punishments with his SJA after the member has had an opportunity to present matters in defense, mitigation, or extenuation. Commanders are also encouraged to consult with their NCOs and other subordinates on the appropriate type, duration, and limits of punishment to be imposed. Additionally, as NCOs are often in the best position to observe a member undergoing punishment and to evaluate performance and attitude, their views on clemency should be given careful consideration.

a. When forfeiture of pay will be imposed, the commander should consider imposing a forfeiture below the maximum authorized. Maximum forfeiture should be reserved for serious cases or repeat offenders.

b. Unsuspended reduction in grade should only be imposed in the same punishment with forfeiture of pay when the maximum exercise of nonjudicial punishment authority is warranted.

4-2. RULES FOR IMPOSING PUNISHMENT. An unsuspended punishment is effective on the date of imposition, which is the date blocks 6 and 7 of NGIL Form 60-R are signed by the imposing commander, unless otherwise stated by the commander. In this regard, the commander cannot choose a date which is earlier than the date he signed those blocks, but he may delay the punishment for legitimate reasons (e.g., the member is hospitalized or on authorized emergency leave). In those cases, the execution of the punishment should begin immediately thereafter. Also, if a member to be punished is currently undergoing a punishment involving restriction or extra duties under a prior nonjudicial punishment action, the commander can prescribe an additional punishment of restriction or extra duties to begin after the completion of the earlier punishment. Maximum punishments are prescribed in Appendix D of this regulation.

a. Restriction. Restriction may be imposed with or without suspension from duties. The limits of the restriction will be announced at the time punishment is imposed.

b. Extra duties. Extra duties may be required to be performed at any time and, within the duration of the punishment, for any length of time. Extra duties may include the performance of fatigue duty or of any other military duty; however, extra duties may not be assigned which would demean the member's grade or position.

c. Forfeiture of pay. Forfeitures of pay may apply to pay accruing on or after the date punishment is imposed and to any pay accrued, but not yet paid, before that date.

d. Reduction in grade.

(1) Promotion Authority. The grade from which reduced must be within the promotion authority of the imposing commander or of any officer subordinate to the imposing commander. For the purposes of this regulation, the imposing commander or any subordinate commander has "promotion authority" if he has the general authority to appoint to the grade from which reduced or to any higher grade.

(2) Senior Enlisted Personnel. Personnel in grades E-7, E-8, and E-9 cannot be reduced more than one grade under this regulation, and personnel in grades E-8 and E-9 cannot be reduced without the written approval of the Adjutant General. For E-8s, the imposing commander or appellate authority, as applicable, will forward all written materials to the Adjutant General for his action; for E-9s, the Adjutant General will act as the appellate authority.

(3) Date of Rank. When a member is reduced in grade as a result of an unsuspended reduction, his date of rank in the grade to which reduced is the date the punishment of reduction was imposed. If however, the reduction is suspended either on or after the time the punishment was imposed, or is later set aside or mitigated to forfeiture, the date of rank in the grade held before the punishment was imposed remains unchanged. For example, if an E-5 has a date of rank of 1 May 1995, the member receives nonjudicial punishment on 1 June 1996 consisting of a reduction in rank, and the commander subsequently suspends, sets aside or mitigates the reduction on 1 July 96, the date of rank for the restored grade is 1 May 1995.

(4) Entitlement to Pay. When a member is restored to a higher pay grade because of a suspension or because a reduction is mitigated to a forfeiture, entitlement to pay at the higher grade is effective on the date of the suspension or mitigation, even though an earlier date of rank is assigned. If, however, a reduction is set aside and all rights, privileges, and property are restored, the member concerned will be entitled to pay as though the reduction had never been imposed.

4-3. LIMITATIONS.

a. Restriction and extra duties. Neither restriction nor extra duties will be served by members performing Inactive Duty Training. Also, restriction will not be served unless the member is at an installation, camp, or field-type duty away from home station or under circumstances where commuting home on a daily basis is not normally authorized.

b. Combination. All authorized punishments may be imposed in a single case in the maximum amounts except that when restriction and extra duties are combined, the combination may not exceed the maximum imposable for extra duties.


 

CHAPTER 5

SUSPENSION, VACATION, MITIGATION, REMISSION, AND SET ASIDE

5-1. GENERAL. The imposing commander, his successor in command, or any superior commander may suspend, mitigate, or remit punishment as a means of correcting behavior and rehabilitating the offender. If used correctly, these can be valuable tools in maintaining morale and discipline. Such action can be taken on the commander's own initiative, or the member can request such action. These commanders also have the authority to vacate suspended punishments or set aside punishments where appropriate.

a. Successor in command. For these purposes, the successor in command may be either:

(1) The officer who has succeeded to the command or position occupied by the imposing commander, providing the member is still of that command; or

(2) The officer authorized to impose the punishment involved if the member has been reassigned.

b. Recording of action. Any action involving suspension, vacation, mitigation, remission, or set aside will be recorded on NGIL Form 60-R or on NGIL Form 61-R, as appropriate (see note 10 on NGIL Form 60-R or the completed NGIL Form 61-R at Appendix E).

5-2. SUSPENSION. To suspend punishment is to postpone application of all or part of it for a specified probationary period, with the understanding that it will be automatically remitted at the end of that period if the offender does not engage in further misconduct.

a. Suspension is often warranted for a first offender or when there are persuasive matters in extenuation or mitigation.

b. Any part of the punishment which remains unexecuted may be suspended at any time.

c. Reduction in grade or forfeiture of pay may be suspended, whether or not executed, at any time within 4 months after the date of imposition.

d. Punishment may not be suspended for longer than 6 calendar months from the date of the suspension or beyond an enlistment or current term of service. This 6-month limitation on suspensions may or may not be 180 days. For example, a punishment imposed on 1 March 1997 may be suspended until 31 August 1997, even though this period is 183 days.

e. A suspension action will set a specific date when, unless it is sooner vacated, the suspension will terminate and the punishment will be automatically remitted without further action.

5-3. VACATION OF SUSPENSION. A commander may vacate any suspended punishment if the commander has determined that the member has committed an offense during the period of suspension. Vacation entries will be recorded on NGIL Form 61-R.

a. Except when prevented by unauthorized absence of the member, the commander will notify and advise the member of the basis of the vacation and give him an opportunity, either orally or in writing, to rebut the information on which the proposed vacation is based. The member may consult with counsel, and he does not have to make any statement concerning the allegations, but he does not have the procedural rights granted under Chapter 3 of this regulation. The commander will, in his discretion, schedule rebuttal proceedings and conduct those proceedings, and the member has no right to appeal the commander's decision.

b. A single offense may be the basis for both vacation action and a new nonjudicial punishment proceeding only when the new offense warrants substantial additional punishment. In a suitable case, the original punishment may be continued in a suspended status and a separate punishment imposed for the new offense.

c. If a reduction in grade is suspended and the suspension is later vacated, the punishment is effective on the date of vacation, but the member's date of rank in the grade to which the member is reduced is the date the reduction was initially imposed. For example, if a member receives nonjudicial punishment on 1 June 1996 consisting of a suspended reduction in grade for 6 months, and the commander subsequently vacates the suspension on 1 September 1996, the effective date of the reduction is 1 September 1996, but the member's new date of rank is 1 June 1996.

5-4. MITIGATION. To mitigate punishment is to change it to a less severe punishment in quantity or type; however, the general nature of the punishment must remain the same. For example, restraints on liberty (i.e., restriction or extra duties) may not be mitigated to monetary punishments (i.e., forfeitures).

a. The mitigated (later) punishment may not be for a greater time period than that remaining for the original punishment when mitigating extra duties to restriction.

b. With the exception of reduction in grade, the power to mitigate exists only with respect to a punishment or portion thereof which is unexecuted. A reduction in grade, whether or not executed, may be mitigated to a forfeiture so long as the action is taken within 4 months after the date of execution.

5-5. REMISSION. To remit punishment is to excuse the offender from the unexecuted portion. In addition, the expiration of the current enlistment or term of service automatically remits any unexecuted punishment.

5-6. SET ASIDE. When a commander determines that a member who was punished, or is being punished, has suffered a "clear injustice," the commander may cancel the punishment and restore the member's rights, privileges, or property accordingly.

a. For these purposes, "clear injustice" generally refers to cases in which information later comes to the commander's attention which casts substantial doubt on the member's guilt or establishes persuasive extenuation for the commission of the offense.

b. Punishment cannot be set aside merely because a member avoids future misconduct or because the member's subsequent performance of duty has been exemplary.

c. Setting aside a punishment in its entirety restores the member to the position he was in before the punishment was imposed, as if the nonjudicial punishment action had never been initiated. For example, if an E-5 receives nonjudicial punishment on 1 June 1996 consisting of a reduction in grade, and the punishment is set aside on 1 October 1996, the date of rank for the restored grade reverts to that held before reduction (e.g., 1 May 1995), and the member will be entitled to pay at the E-5 grade for the four months he was paid at the reduced grade.

d. Action to set aside punishment should be taken only within a reasonable time (normally 4 months) after the punishment has been executed.

 

CHAPTER 6

RECORDS OF PUNISHMENT

6-1. NGIL Form 60-R: NONJUDICIAL PUNISHMENT PROCEEDINGS. All nonjudicial punishment actions, including notification, election of rights, imposition of punishment, appeal, SJA review, and action on appeal, will be recorded on NGIL Form 60-R. After the member indicates in block 8 that he does not appeal, or after completion of block 11 if the member appeals, a copy of the NGIL Form 60-R will be given to the member. The original NGIL Form 60-R, with all allied documents attached, will then be mailed to the Office of the Adjutant General, ATTN: DMAIL-JA, 1301 N. MacArthur Blvd., Springfield, IL 62702-2399, where it will be reviewed for legal sufficiency. If legally insufficient, DMAIL-JA will return the documents through command channels for correction. If legally sufficient, DMAIL-JA will make distribution as indicated below:

a. For ARNG members, the original of the NGIL Form 60-R, with all original allied documents attached, will be forwarded for filing in the member's Military Personnel Records Jacket (MPRJ). For ANG members, the original of NGIL Form 60-R, with all original allied documents attached, will be forwarded for filing in the commander's Personnel information File (PIF). These originals will be destroyed by the custodian of the file at the end of two years from the date of imposition of punishment unless the member has received an additional nonjudicial punishment in the interim. In such case, both nonjudicial punishment records will be retained in the MPRJ or PIF and will be destroyed at the end of two years from the latest date of imposition of punishment.

b. One copy, with all allied documents attached, will be filed at DMAIL-JA for one year from the date punishment was imposed, after which it will be destroyed.

c. One copy will be permanently filed in the member's vault file (ARNG) or State 201 file (ANG).

d. If the punishment affects the member's pay (i.e., unsuspended reduction in grade, or forfeiture of pay), two copies of the NGIL Form 60-R will be sent to the appropriate ARNG or ANG office which processes that member's military pay records.

e. If the punishment includes an unsuspended reduction in grade, one copy of the NGIL Form 60-R will be sent to the appropriate reduction authority to process the reduction orders.

6-2. NGIL Form 61-R: SUPPLEMENTARY NONJUDICIAL PUNISHMENT ACTION. All supplementary actions will be recorded on NGIL Form 61-R. Supplementary action is any action taken by an appropriate authority to suspend, vacate, mitigate, remit, or set aside a punishment after action has been taken on an appeal or NGIL Form 61-R has been distributed according to paragraph 6-1 above. After completion of the "Authentication" block on the NGIL Form 61-R, a copy of the form will be given to the member. The original of the NGIL Form 61-R, with all allied documents attached, will then be mailed to the Office of the Adjutant General, ATTN: DMAIL-JA, 1301 N. MacArthur Blvd., Springfield, IL 62702-2399, for legal review as indicated in paragraph 6-1, and for distribution as indicated below:

a. The original of the NGIL Form 61-R, with all original allied documents attached, will be filed in the Military Personnel Records Jacket (MPRJ) for members of the Army National Guard or in the commander's Personnel information File (PIF) for members of the Air National Guard. The NGIL Form 61-R will be destroyed at the same time as the NGIL Form 60-R which it supplements.

b. One copy, with all allied documents attached, will be filed at DMAIL-JA for one year from the date of the supplementary action, after which it will be destroyed.

c. One copy will be permanently filed in the member's vault file (ARNG) or State 201 file (ANG).

d. If the supplementary action affects the member's pay (e.g., vacation of a suspended forfeiture, set aside of a punishment, etc.), then two copies of the NGIL Form 61-R and two copies of the initial NGIL Form 60-R will be sent to the appropriate ARNG or ANG office which processes that member's military pay records.

e. If the supplementary action affects the member's grade (either reduction in grade or restoration to a higher grade), then one copy of the NGIL Form 61-R and one copy of the initial NGIL Form 60-R will be forwarded to the appropriate reduction or promotion authority to process the order.

6-3. SET ASIDE ACTIONS. All copies of NGIL Form 60-R and 61-R reflecting nonjudicial punishment actions which are later set aside in their entirety will be destroyed, except for the permanent copies filed in the member's vault file (ARNG) or State 201 file (ANG).

6-4. USE OF RECORDS.

a. Records of nonjudicial punishment proceedings and supplementary actions recorded on NGIL Form 60-R and 61-R may be used as directed by the Adjutant General. Allied documentation transmitted with the originals or copies of NGIL Form 60-R and 61-R, where filed with either of these forms, shall be considered to be maintained separately for the purpose of determining the admissibility of the original or copies of NGIL Form 60-R and 61-R at administrative proceedings.

b. A record of nonjudicial punishment, not otherwise inadmissible, may be admitted at administrative proceedings from any file in which it is properly maintained by regulation.

 

 

DISTRIBUTION: WILLIAM L. ENYART

Major General, Illinois National Guard

The Adjutant General