Refusing Military Punishment: Consequences and Procedures

When a military member violates disciplinary regulations, the course of action taken depends on the nature and severity of the offense. One of the most common forms of punishment is non-judicial punishment (NJP). This form of punishment is administered by a commanding officer (CO) without the formal rules of evidence typically seen in court-martial proceedings. However, even though NJP is considered informal, you still have certain rights, including the right to refuse it.

Understanding Non-Judicial Punishment

Non-judicial punishment can take various forms such as fines, forfeiture of pay, reduction in rank, limitations on liberty, or even confinement. The term 'non-judicial' signifies that it is administered without a formal adjudication process, meaning that legal representation is not guaranteed. Instead, the CO makes a decision based on what he deems to be a fair resolution of the issue.

Refusing Non-Judicial Punishment

If you refuse to accept non-judicial punishment, the CO has a few options. They can either discontinue the proceedings, which might result in a lighter form of punishment, or they can choose to refer the case to a court-martial for more formal proceedings. A court-martial is a more serious judicial process involving formal rules of evidence, legal counsel for the accused, and impartial judges.

Consequences of Refusing Court-Martial

Refusing a court-martial brings about entirely different consequences and introduces a whole new set of risks. If you try to refuse a court-martial, military police may be called in to enforce the punishment. In the extreme case, if you manage to disappear, the military can issue a missing person's warrant and assign a warrant for arrest towards you. If you are caught by civilian authorities for any infraction, you are at high risk of being apprehended and returned to military custody.

Escaping Sentencing and Becoming a Fugitive

Once you become a fugitive, the situation escalates dramatically. Any minor offense, such as a speeding ticket, can lead to your capture. You will be taken into custody and held in a military brig until your case can be heard. This means that even after years of your supposed 'escape' or voluntary disappearance, you can still be brought back into military custody and face potential confinement. This can create a significant problem for your future, affecting jobs, reintegration into society, and personal freedom.

Conclusion

Refusing to accept either non-judicial punishment or court-martial can lead to severe consequences in the military. It is crucial to understand the implications of your actions and fully consider your options carefully. It is advisable to seek legal counsel if you find yourself in this situation, as the stakes are high and the repercussions can be long-lasting.