Gonzalez & Waddington, Attorneys at Law represent Marines worldwide in NJP appeals, separation boards, Boards of Inquiry (BOI), discharge upgrades, and courts-martial. If you’ve been hit with Nonjudicial Punishment (NJP), also called Office Hours, you may still have options. A strong appeal can protect your rank, pay, reputation, clearance, and retirement. This guide explains step by step how Marines can build a winning NJP appeal package.

Why Appealing an NJP Matters for Marines

• FITREP damage: NJPs often appear in FITREPs, tanking promotions and competitive billets.
• Separation trigger: Repeated NJPs are the fastest path to administrative separation boards.
• Retirement risk: Even at 18+ years, NJPs can push a Marine out before earning retirement pay.
• Clearance jeopardy: Security clearance adjudicators treat NJPs as Guideline E (personal conduct) red flags.

Marine Corps NJP Basics

• Right to refuse NJP: Unless attached to or embarked on a vessel, Marines generally may refuse NJP and demand trial by court-martial. This is a tactical choice—consult legal counsel before deciding.
• Appeal window: You generally have 5 days to appeal an NJP. Missing the deadline almost guarantees permanent career damage.
• Appeal authority: The next higher commander reviews whether the NJP was unjust or the punishment excessive.
• Burden: Marines must demonstrate factual injustice, procedural error, or punishment disproportionality.

Marine Corps NJP Appeal Template

From:   [Rank, Name, Unit]
To:     [Next Superior Commander]
Via:    [CO who imposed NJP]
Subj:   Appeal of Nonjudicial Punishment Imposed [DD Mon YYYY]

1. Introduction:
   Respectfully appeal NJP imposed on [date] for [alleged offense(s)].
   Grounds: Unjust findings and/or disproportionate punishment.

2. Service Record:
   Summarize deployments, combat service, billets, FITREPs, and awards.
   Attach enclosures.

3. Grounds – Unjust:
   - Allegations unproven, inconsistent witness statements.
   - Procedural errors (denial of evidence/witnesses).
   - Enclosures: statements, logs, emails, reports.

4. Grounds – Disproportionate:
   - Punishment exceeds offense considering service record and mitigation.
   - Collateral damage to billet, mission, readiness.
   - Enclosures: performance records, leadership endorsements.

5. Relief Requested:
   - Set aside findings and punishment; OR
   - Mitigate/reduce punishment (remit forfeitures, restore rank).

Respectfully submitted,
[Signature block]
Encls: 1) Evidence List, 2) FITREPs, 3) Awards, 4) Witness Statements, 5) Logs/Emails
    

Evidence That Strengthens Your Appeal

• FITREPs: Consistently strong reports undercutting allegations.
• Combat awards: Show long-standing excellence and judgment.
• Eyewitness statements: Sworn statements from Marines or supervisors contradicting allegations.
• Operational records: Duty logs, rosters, radio/command logs.
• Mitigation: Counseling completion, PME courses, treatment programs.

Step-by-Step: Appealing NJP in the Marine Corps

1. Note your deadline: Usually 5 days. File or request extension in writing.
2. Request NJP packet: Review all documents used against you.
3. Draft appeal professionally: Follow template and cite enclosures.
4. Attach evidence: Label each enclosure and cross-reference in your appeal.
5. Submit via chain: Properly route through the CO who imposed NJP.
6. Follow up: Ensure your appeal is received and logged by the appeal authority.

Advanced Appeal Strategies

• Highlight disparity: Show how punishments for similar offenses were less severe in your unit/command.
• Readiness argument: Argue why billet/mission will suffer if punishment stands.
• Clearance mitigation: Address why punishment does not reflect ongoing reliability.
• Conditional relief: If total set-aside is unlikely, request suspension/remission of forfeitures or reduction contingent on performance.

Common Mistakes Marines Make

• Late appeal—filing on day 6 is often fatal.
• No exhibits—just one paragraph saying “I disagree.”
• Emotional/angry tone toward command.
• Admitting guilt for leniency—later used at separation boards.
• Not asking for specific relief (set-aside, remission, suspension).

If Appeal Is Denied

• BCMR/BCNR petition: Seek removal/mitigation through a correction board after building rehabilitation record.
• FITREP correction: Challenge any unfair adverse FITREP through performance review boards.
• Separation prep: Assume NJP will appear at admin board—organize evidence and endorsements now.

Video: Marine Corps NJP Appeal Guide

Get Help with Your Marine Corps NJP Appeal

We’ve defended Marines at Office Hours worldwide—Camp Lejeune, Pendleton, Okinawa, Bahrain. A strong appeal can save your career and rank. Don’t wait until it’s too late.

Gonzalez & Waddington — ucmjdefense.com — 1-800-921-8607

FAQs: Marine Corps NJP Appeals