What is the UCMJ Article 33?

Article 33 of the Uniform Code of Military Justice (UCMJ) is the article in the UCMJ concerning Nonjudicial Punishment (NJP). It provides military commanders with the authority to impose certain nonjudicial punishments, such as restrictions, correctional custody, and forfeiture of pay, when United States military personnel violate the UCMJ. The punishments available to commanders vary according to the branch of service and may be found in the Manual for Courts-Martial (MCM). In Tennessee, Article 33 of the UCMJ applies to active duty service members in the Navy, Marine Corps, Air Force, or Coast Guard, as well as those in the Reserve, including the Army, Navy, Air Force, and Marine Corps. This article also applies to those on active duty in any branch of the National Guard of the United States. Article 33 of the UCMJ sets out the basic requirements and procedures for imposing nonjudicial punishments. Before imposing punishment, a commander must make reasonable efforts to determine the facts of the case. He or she must also take into account the age, rank, and military record of the person being punished, as well as the nature and seriousness of the offense. Article 33 of the UCMJ makes it clear that the punishments available are governed by the Manual for Courts-Martial and are limited to the punishments available at the time of sentencing. A person facing nonjudicial punishment is also entitled to certain rights, including the right to a legal counsel and the right to appeal the punishment to a higher authority.

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What is the UCMJ Article 33?

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