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BY ORDER OF THE AIR FORCE INSTRUCTION 51 …

BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 51-202 31 MARCH 2015 Law NONJUDICIAL PUNISHMENT COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the ePublishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLOA/JAJM Supersedes: AFI 51-202, 7 November 2003, Incorporating Through Change 3, 11 August 2011 Certified by: AF/JAA (Mr. Gregory Girard) Pages: 42 This INSTRUCTION implements Article 15 of the Uniform Code of Military Justice (UCMJ), Part V of the Manual for Courts-Martial (MCM), and Air FORCE Policy Directive (AFPD) 51-2, Administration of Military Justice.

by order of the secretary of the air force air force instruction 51-202 31 march 2015 law nonjudicial punishment compliance with this publication is mandatory

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Transcription of BY ORDER OF THE AIR FORCE INSTRUCTION 51 …

1 BY ORDER OF THE SECRETARY OF THE AIR FORCE AIR FORCE INSTRUCTION 51-202 31 MARCH 2015 Law NONJUDICIAL PUNISHMENT COMPLIANCE WITH THIS PUBLICATION IS MANDATORY ACCESSIBILITY: Publications and forms are available on the ePublishing website at for downloading or ordering. RELEASABILITY: There are no releasability restrictions on this publication. OPR: AFLOA/JAJM Supersedes: AFI 51-202, 7 November 2003, Incorporating Through Change 3, 11 August 2011 Certified by: AF/JAA (Mr. Gregory Girard) Pages: 42 This INSTRUCTION implements Article 15 of the Uniform Code of Military Justice (UCMJ), Part V of the Manual for Courts-Martial (MCM), and Air FORCE Policy Directive (AFPD) 51-2, Administration of Military Justice.

2 It establishes requirements for imposing nonjudicial punishment (NJP) on members of the Air FORCE and provides rules and procedures for imposing punishment regardless of the member s unit of assignment. This INSTRUCTION applies to all Regular Air FORCE (RegAF) military personnel, as well as members of the Air FORCE Reserve (USAFR) while in Federal service on active duty. This INSTRUCTION applies to members of the Air National Guard (ANG) when activated under Title 10 active duty in the Air National Guard of the United States (ANGUS) status. Commands may supplement this INSTRUCTION only with the prior, written approval of Air FORCE Legal Operations Agency, Military Justice Division (AFLOA/JAJM), 1500 West Perimeter Road, Suite 1130, Joint Base Andrews Naval Air Facility Washington, MD 20762; DSN voice 612-4820/fax 612-4837.

3 This INSTRUCTION requires the collection and maintenance of information protected by the Privacy Act of 1974. The authority to collect and maintain this information is in 10 815. Privacy Act System of Records Notice F051 AF JA I, Courts-Martial and Article 15 Records, applies. The authorities to waive wing/unit level requirements in this publication are identified with a Tier ( T-0, T-1, T-2, T-3 ) number following the compliance statement. See AFI 33-360, Publications and Forms Management, for a description of the authorities associated with the Tier numbers.

4 Submit requests for waivers through the chain of command to the appropriate Tier waiver approval authority, or alternately, to the Publication OPR for non-tiered compliance items. Send all recommended changes or comments about this publication to AFLOA/JAJM, 1500 West Perimeter Road, Suite 1130, Joint Base Andrews Navy Air Facility Washington, MD 20762, through appropriate channels, using 2 AFI51-202 31 MARCH 2015 AF Form 847, Recommendation for Change of Publication. Ensure that all records created as a result of processes prescribed in this publication are maintained in accordance with Air FORCE Manual (AFMAN) 33-363, Management of Records, and disposed of in accordance with the Air FORCE Records Disposition Schedule (RDS) located in the Air FORCE Records Information Management System (AFRIMS).

5 This publication requires the collection and or maintenance of information protected by the Privacy Act (PA) of 1974, 5 United States Code (USC) section 552a. The authorities to collect and maintain the records prescribed in this publication are contained in the applicable Privacy Act System of Records Notice, F051 AFJA I, Military Justice and Magistrate Court Records, which can be found at: Forms affected by the Privacy Act have an appropriate PA statement. SUMMARY OF CHANGES This document has added tiered waiver authorities IAW AFI 33-360.

6 This document has amended the Nonjudicial Punishment metric located in paragraph Chapter 1 GENERAL GUIDANCE 6 Purpose.. 6 Forms.. 6 Supervisory Authority.. 6 Air FORCE Academy Cadets.. 6 Reporting Senior Officer Cases.. 6 Cases Involving State or Foreign Prosecution Interest.. 6 Authority: .. 6 Chapter 2 AUTHORITY FOR IMPOSING NONJUDICIAL PUNISHMENT 7 Authority of Commanders.. 7 Commanders.. 7 Members of their Command.. 8 Host Command Jurisdiction.. 8 Nonjudicial Punishment Authority in a Joint FORCE .. 9 Procedures for Imposing Nonjudicial Punishment in a Joint FORCE .

7 9 Procedures for Multiservice Commanders.. 10 Delegation of Authority.. 10 Commander as Victim.. 11 Air FORCE Cadets.. 11 Air FORCE Legal Operations Agency.. 11 AFI51-202 31 MARCH 2015 3 Withholding Authority.. 11 Exceptions to Support Agreements.. 11 Chapter 3 PROCEDURES FOR INITIATING AND IMPOSING NONJUDICIAL PUNISHMENT 12 Section 3A Responsibilities of the Initiating Commander 12 General Responsibilities.. 12 Notice of Recoupment of Benefits.. 12 Timeliness of Actions.. 12 Standard of Proof.. 13 Providing Evidence to the Member.

8 13 Section 3B Initiating Nonjudicial Punishment 13 Initial Considerations.. 13 Members Attached to the Command.. 13 Description of Offense.. 13 Notifying the Member.. 14 Changing Commanders before Nonjudicial Punishment Proceedings are Complete.. 14 Discovery of Additional Offenses.. 15 Member s Decision to Accept or Reject Nonjudicial Punishment.. 15 Member's Presentation.. 16 Section 3C Imposing and Administering Punishments 17 Commander's Findings.. 17 Commander s Punishments.. 17 Maximizing the Impact of Punishment.. 17 Permissible Punishments.

9 18 Punishment Effective Date.. 18 Release of Information.. 19 Section 3D Action When the Member Demands Trial by Court-Martial 19 Restrictions.. 19 Commander's Options.. 19 Withdrawing Demand for Trial.. 19 Table Enlisted Punishments.. 19 Table Officer Punishments.. 20 4 AFI51-202 31 MARCH 2015 Chapter 4 NONJUDICIAL PUNISHMENT APPEALS 21 General Guidance.. 21 Appellate Authority.. 21 Format.. 22 Delegation of Authority.. 22 Procedures for Appeals.. 23 Action on Appeal by Imposing Commander.. 24 Action on Appeal by Appellate Authority.

10 24 Officer and Enlisted Selection Record Determination.. 24 Chapter 5 SUPPLEMENTARY ACTIONS 26 Section 5A Suspension, Mitigation, Remission, and Set Aside of Punishment 26 General Guidance.. 26 Consultation Required.. 26 Action by Successor in Command.. 26 Suspension.. 26 Mitigation.. 27 Remission.. 28 Set Aside.. 28 Limitations on Suspension, Mitigation, Remission and Set Aside of Punishment. 28 Processing Requirements.. 28 Section 5B Vacation of Suspension 28 General Guidance.. 28 Notification to the Member.. 28 Member s Elections.


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