Asked in Military Law

Q: NJP restriction question

So I was NJPED and part of my NJP restriction was that I shall not eat food other than in the chow hall. I was on restriction at the time of the incident. I ordered a pizza to my room and canceled it right after after being corrected by a NCO. Due to me canceling the order and never physically touching the pizza or having pizza in hand. Can they NJP me again for “breaking restriction” or can they take my suspended pay for the incident? Do I have any leg to stand on for this? And they also gave me the restriction paper but not the paper with the specific rules on the paper.

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1 Lawyer Answer
Jeffrey Liebenguth
Jeffrey Liebenguth
PREMIUM
Answered
  • Military Law Lawyer
  • Honolulu, HI

A: They could try to NJP you or take the suspended pay for "attempted" breaking of restriction. Depending on all of the circumstances, however, you could argue that you did not have the specific intent to break restriction (e.g., it was just an oversight on your part and you corrected the matter once reminded by the NCO). Put differently, for attempt crimes you have to have a "guilty mind"--meaning you would have to have specifically intended to break restriction when ordering the pizza, rather than a mere oversight. If it looks like your command is coming after you for the matter, you should speak with an experienced military law attorney so you can go over the nuances of the circumstances.

Hope that helps.

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