Sailors and Marines who are accused of minor infractions while attached to ships now have the right to refuse non-judicial punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ) and request instead a trial by court martial. Previously, under the so-called vessel exception to Article 15, they had no such right.
Navy Secretary Carlos Del Toro announced the change in an announcement to all hands issued this month.
“Commanders of vessels, or units with personnel attached to (or embarked in) a vessel, may only invoke Article 15 … when, at the time NJP is imposed, a vessel is operational,” the directive stated.
The guidance also requires commanders to advise accused sailors and Marines of their legal rights and give them the opportunity to seek help from military lawyers when “operationally feasible.” After NJP proceedings are completed, accused personnel have the right to consult with their legal advisors in regards to avenues of appeal.
Commanders are being advised to consult with their assigned judge advocates or regional legal service offices with any questions they may have.
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