a. Admonitions and Reprimands: This is the most common type of nonpunitive action.
Normally, it is only verbal in nature, but may be a written admonition or reprimand. When written,
it will be placed in the Soldier's personnel record.
b. Withholding Privileges: Administrative actions involved here may be withholding a
Soldier's pass, denying a request to live off post, and refusing to allow the Soldier to re-enlist. All
of these are considered privileges and not an absolute right that the Soldier has.
c. Reduction in Rank: A Soldier may be reduced in rank administratively by his
commanding officer for reasons of inefficiency or technical competence. It may include any act or
course of conduct showing positive evidence that the person concerned lacks those abilities and
qualities required and expected of a person of that grade and experience.
d. Elimination from Service: Administrative discharges, which may be given, are
honorable, general, and undesirable. They are administered by a board of officers, acting upon the
request of the unit commander. The elimination board consists of at least three commissioned
officers. The Soldier under consideration for elimination has the right to appear before the board, to
have an attorney present, and to call his own witnesses as well as to cross-examine witnesses called
by the elimination board. A Soldier is eliminated from service administratively for two primary
reasons. These are--
(1) Unsuitability. In this type of case, the individual is willing to serve but unable to
do so. Examples would be persons who are unable to learn or to adapt to military life. Usually, an
honorable or general discharge is given in these cases.
(2) Unfitness. Here the individual is able to serve but is unwilling or unfit to do so.
Examples would be an individual who has a record of continued AWOL or has been guilty of
frequent incidents of a discreditable nature with civil or military authorities. An undesirable
discharge is normally given if the individual is eliminated for unfitness.
3. Nonjudicial Level (Article 15). At this level of military justice a company grade
commander or field grade commander may impose certain kinds of punishment on a member of his
command for the commission of a minor offense. Nonjudicial punishment may only be imposed for
the commission of a minor offense defined and made punishable by the UCMJ. Only a commander
may impose the punishment.
4. The purpose of a nonjudicial punishment is to correct, educate, and reform minor offenders
while also preserving an offender's record of service from the unnecessary stigma of a record of
court-martial.
5. All the military, whether enlisted personnel or commissioned officers, are subject to Article
15 punishment. However, the accused has an absolute right to refuse an Article 15 and may
demand a trial by court-martial.
6. Although the punishment imposed under Article 15 becomes effective immediately, the
accused has a right to appeal to the next superior commanding officer or to the officer who imposed
58
Previous Page
