Quick answer
A nonpunitive letter of caution is a private, administrative warning: it is not punishment, it is not put in your official record unless you put it there, and your fitness report cannot mention the letter itself. A punitive letter of reprimand is punishment imposed at nonjudicial punishment (NJP) under Article 15, UCMJ, and unless it is set aside on appeal it becomes part of your official service record. For a Navy or Marine Corps officer, a punitive letter is often the first step toward a detachment for cause, a show-cause order and a Board of Inquiry. You generally have only five working days to appeal.
The two letters at a glance
| Nonpunitive letter of caution (NPLOC) | Punitive letter of reprimand or admonition | |
|---|---|---|
| What it is | An administrative warning or counseling tool, not punishment (JAGMAN, section 0105) | Punishment imposed at NJP (Article 15, UCMJ, 10 U.S.C. § 815(b); JAGMAN, section 0114) |
| Who decides it goes in your record | Only you, with one exception: if you submit a rebuttal claiming inadequate counseling or no warning, a copy may be filed with it (JAGMAN 0105) | It becomes part of your official service record unless withdrawn or set aside on appeal (JAGMAN 0114) |
| Fitness report | The report cannot refer to the letter, but it can refer to the underlying facts (JAGMAN 0105) | The letter and the facts can be mentioned in your fitness report or evaluation |
| Can you refuse it? | Not applicable; it is not punishment | Unless you are attached to or embarked in a vessel, you can refuse NJP and demand trial by court-martial (10 U.S.C. § 815(a)) |
| Appeal | No appeal; you can respond or ask that it be withdrawn | Appeal to the next superior authority, generally within five working days after you receive the letter (JAGMAN, section 0116) |
What a nonpunitive letter of caution means for your career
An NPLOC is a warning from your commander. The JAG Manual treats it as a personal matter between you and the commander: only you can cause it to be entered in your official record, and official records, including fitness reports, cannot refer to it. But the commander can still write about the conduct itself in your fitness report. Treat an NPLOC as a signal that your command is documenting a problem, and correct the issue before it becomes a punitive action.
Think carefully before you submit a written rebuttal to an NPLOC. Under section 0105, if your rebuttal argues that you were never properly counseled or warned, a copy of the letter may be filed with your rebuttal. A short conversation with a lawyer first can keep a private letter private.
What a punitive letter of reprimand means
A punitive letter is NJP punishment. For commissioned and warrant officers, an admonition or reprimand imposed at NJP must be in writing (Manual for Courts-Martial, Part V). Once final, it goes in your official record and is seen by promotion boards. In practice, a punitive letter for an officer often triggers:
- an adverse fitness report;
- a detachment for cause from your current billet;
- a report to Navy Personnel Command or Headquarters Marine Corps and a possible order to show cause for retention before a Board of Inquiry (10 U.S.C. § 1181; SECNAVINST 1920.6D); and
- if you are retirement eligible, a review of the grade in which you may retire (10 U.S.C. § 1370).
What to do if you are offered NJP or receive a letter
- Do not make statements about the facts until you get advice. If you are suspected of an offense, you have the right to remain silent and must be advised of it before questioning (Article 31(b), UCMJ, 10 U.S.C. § 831).
- Decide whether to accept NJP or demand court-martial. This decision has to be made with the evidence in front of you. Refusing NJP can lead to a court-martial, which carries much greater risk; accepting it means a commanding officer, not a judge or panel, decides guilt.
- Write the appeal on time. The five-working-day clock for a punitive letter runs from the day you receive the letter. If you need more time, ask in writing for an extension and give the reason.
- Plan for what comes next. If a show-cause order is likely, start gathering fitness reports, awards and character letters now.
How Gonzalez & Waddington helps officers
Michael Waddington is a former Army JAG officer who served as a prosecutor and defense counsel, and he has handled well over 100 administrative separation boards and Boards of Inquiry. We help Navy and Marine Corps officers decide whether to accept NJP, write NJP appeals and rebuttals, and defend officers at Boards of Inquiry. See also Navy court-martial defense and Marine Corps court-martial defense.
FAQ
Is a nonpunitive letter of caution the same as a page 13 or a 6105 entry?
No. A page 13 (Navy) or 6105 counseling entry (Marine Corps) is an administrative entry placed in your record. A nonpunitive letter of caution under JAGMAN section 0105 stays out of your official record unless you put it there.
Can a nonpunitive letter be used against me at a Board of Inquiry?
The letter itself is not supposed to be in your official record, but the facts behind it can be presented through other evidence. Assume the underlying conduct can come up.
How long do I have to appeal a punitive letter of reprimand?
Generally five working days, excluding weekends and holidays, after you receive the letter. You can ask in writing for an extension for good cause (JAGMAN, section 0116).
Can a punitive letter be removed later?
A letter that is not sustained on appeal is not filed. After that, relief usually requires a petition to the Board for Correction of Naval Records (10 U.S.C. § 1552), which can correct an error or injustice in your record.
Talk to us before you decide
If you have been offered NJP or received a letter, call 1-800-921-8607 or text 954-799-4019 for a free consultation, or contact Gonzalez & Waddington.
Sources
- Manual of the Judge Advocate General (JAGINST 5800.7G, Change 2, 1 December 2023), sections 0105, 0114 and 0116
- 10 U.S.C. § 815 (Article 15, UCMJ)
- 10 U.S.C. § 831 (Article 31, UCMJ)
- 10 U.S.C. § 1181 (officer show cause) and § 1370 (retirement grade)
- SECNAVINST 1920.6D, Administrative Separation of Officers
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