| NJP | SCM | |
| Punishment: E1-E4 | 45 extra duty/45 restriction (60 if no extra duty); reduce to E1 |
1 month confinement, or 45 extra duty/45 restriction (60 if no extra duty); reduce to E1; 2/3s pay for one month |
| Punishment: E5-E6 | 45 extra duty/45 restriction (60 if no extra duty); reduce one grade; ½ of one month’s pay for 2 months |
2 months restriction; reduce one grade; 2/3s pay for one month |
| Punishment: E7-E9 | 45 extra duty/45 restriction (60 if no extra duty); ½ of one month’s pay for 2 months |
2 months restriction; reduce one grade; 2/3s pay for one month |
| UCI applies | Yes | Yes |
| Soldier can turn down | Yes | Yes |
| Considered a conviction | No | No |
| Bring all known offenses at once | Yes | Yes |
| Bring action after state conviction (DUIs) | Yes (requires GCMCA approval) | Yes (requires GCMCA approval) |
| Double jeopardy attaches | Yes for other NJP; No for courtmartial | Yes |
| Type of offense | Minor (BCD, 1 year of less) | Minor or Major (except capital offenses, mandatory minimum cases) |
| Proof beyond a reasonable doubt | Yes | Yes |
| Military Rules of Evidence apply | No | Yes |
| Adversarial (cross-exam) | No | Yes |
| Counsel rights | Consult with counsel; spokesman at hearing (at own expense) | Consult with counsel; lawyer at trial (at own expense) |
| Appeal or clemency | Soldier has 5 days to file; command acts within 5 days. | Accused has 7 days to submit matters (may get an additional 20) |
| Review | A judge advocate (usually the TC) |
An independent judge advocate (usually an administrative law attorney) |
