2006
United
States v. McKeel, 63 M.J. 81 (the UCMJ preserves the authority of a
senior
commander to ensure accountability for misconduct by limiting the
effect of
nonjudicial punishment imposed by subordinates under Article 15, UCMJ;
if a
subordinate commander imposes nonjudicial punishment for an offense
that is not
minor, the senior commander is not precluded from referring the matter
for
trial by court-martial; when an accused receives a court-martial
sentence for
the same conduct that was punished at an Article 15 proceeding, the
accused has
the opportunity to request a sentence credit under United States v.
Pierce,
27 MJ 367 (CMA 1989)).
2002
United
States v. Bracey, 56 MJ 387 (the protections for
military
personnel against double jeopardy under the Fifth Amendment of the
Constitution
of the United States and Article 44, UCMJ, 10 USC § 844, apply only to
judicial
punishments, not to nonjudicial punishments under Article 15; it is
Article
15(f) that prevents the accused from being punished twice for the same
offense
as a matter of statutory law even though such successive punishment is
otherwise permissible as a matter of constitutional law).
(the credit for NJP previously imposed is not automatic; the accused
is the
gatekeeper on the question as to whether an NJP for a serious offense
will be
brought to the attention of the sentencing authority, and failure to
raise the
issue of mitigation based upon the record of a previous NJP for the
same
offense prior to action by the convening authority waives an allegation
that
the court-martial or convening authority erred by failing to consider
the
record of the prior NJP).
(although United States v. Pierce, 27 MJ 367 (CMA 1989),
precludes
double punishment at NJP and court-martial for the same offense, it
does not
preclude multiple punishments for multiple offenses growing out of the
same
transaction when the offenses are not multiplicious).