AF Form 3070B "Record of Nonjudicial Punishment Proceedings (TSgt Thru CMSgt)"

AF Form 3070B is a U.S. Air Force form also known as the "Record Of Nonjudicial Punishment Proceedings (tsgt Thru Cmsgt)". The latest edition of the form was released in March 19, 2019 and is available for digital filing.

Download an up-to-date AF Form 3070B in PDF-format down below or look it up on the U.S. Air Force Forms website.

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Download AF Form 3070B "Record of Nonjudicial Punishment Proceedings (TSgt Thru CMSgt)"

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RECORD OF NONJUDICIAL PUNISHMENT PROCEEDINGS (TSgt thru CMSgt)
TO (Name, Rank, Organization, SSN, and Major Command of Service Member)
ATCH(S)
1. Offer of Nonjudicial Punishment.
a. (Commander initials one block):
(1)
I am considering whether I should punish you under Article 15, Uniform Code of Military Justice (UCMJ).
(2)
I am considering whether I should recommend that
punish you under Article 15, UCMJ. (See Note 1)
b. Your alleged misconduct is in violation of the punitive Article(s) of the UCMJ as listed in item 16.
c. You have the rights listed on Page 3 under "Rights of Member," including the right to consult a lawyer before making any decision, and to have a
lawyer assist you throughout the proceedings. You have an appointment scheduled with the Area Defense Counsel, in bldg _____________________,
(phone) ___________________ , at _______________ (time), ________________ (date). ADC consultation is not mandatory and if you choose not to consult
the ADC, you should cancel the scheduled appointment.
d. If you accept nonjudicial punishment proceedings and are found to have committed one or more of the offenses alleged, the maximum punishment the
commander taking action may impose on you is listed on Page 3.
e. You will notify me of your decision by _______________ (time), __________________(date) unless I grant you an extension of time. (See Note 2)
NAME/RANK/ORGANIZATION OF
SIGNATURE
DATE
COMMANDER
2.
Service.
NAME/RANK/ORGANIZATION PERSON SERVING MEMBER (See Note 3)
SIGNATURE
TIME SERVED
DATE SERVED
3. Member’s Acknowledgement and Elections.
I understand the rights listed on Page 3 of this form and acknowledge the recoupment
statement on Page 3.
(Member initials one block on each line)
a.
I have not consulted a lawyer.
I have consulted a lawyer.
b.
I waive my right to court-martial and
I demand trial by court-martial in lieu of nonjudicial punishment.
accept nonjudicial punishment proceedings.
c.
I have attached a written presentation.
I have not attached a written presentation.
d.
I request a personal appearance before
I request a personal appearance before
I do not request a personal
you and that it not be public.
you and that it be public.
appearance before you.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
4. Commander’s Decision.
a. I have considered the evidence, including any matters you have presented, and find that:
(Commander initials all appropriate blocks)
(1)
Nonjudicial punishment is not appropriate or you did not commit the offense(s) alleged. I hereby terminate these proceedings.
(2)
You committed one or more of the offenses alleged. I lined out and initialed the offense(s), if any, for which I determined
nonjudicial punishment is not appropriate or which you did not commit. I hereby impose punishment as listed in item 16.
b. I will consider placing this record of nonjudicial punishment in your Senior Noncommissioned Officer Selection Folder or forwarding it
to a senior review authority who will make the final decision. You may submit a statement of rebuttal, mitigation, or
circumstances to be considered. You have until __________________ [5 calendar days from receipt] to submit matters for
my consideration.
(See Note 4)
c.
Reductions in grade, forfeitures in pay, and suspensions of any punishment are effective immediately. All other punishments take effect
when you are notified of the punishment, unless otherwise stated.
d. You must notify me by _______________
(time), _____________ (date) whether you appeal, unless I grant you an extension of time.
You are entitled to advice of counsel in making this decision. You must notify me of your appeal decision and submit any matters you
wish considered within the time provided or your right to appeal is waived. Any documents supporting your appeal must be submitted
at the same time you make your appeal decision. A decision not to appeal is final. (See Note 5)
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF COMMANDER
5. Member's Acknowledgement.
I acknowledge receipt of the punishment, my right to appeal, and the SNCO Selection Folder notification.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 1
AF3070B, 20190319
(EF-V1)
RECORD OF NONJUDICIAL PUNISHMENT PROCEEDINGS (TSgt thru CMSgt)
TO (Name, Rank, Organization, SSN, and Major Command of Service Member)
ATCH(S)
1. Offer of Nonjudicial Punishment.
a. (Commander initials one block):
(1)
I am considering whether I should punish you under Article 15, Uniform Code of Military Justice (UCMJ).
(2)
I am considering whether I should recommend that
punish you under Article 15, UCMJ. (See Note 1)
b. Your alleged misconduct is in violation of the punitive Article(s) of the UCMJ as listed in item 16.
c. You have the rights listed on Page 3 under "Rights of Member," including the right to consult a lawyer before making any decision, and to have a
lawyer assist you throughout the proceedings. You have an appointment scheduled with the Area Defense Counsel, in bldg _____________________,
(phone) ___________________ , at _______________ (time), ________________ (date). ADC consultation is not mandatory and if you choose not to consult
the ADC, you should cancel the scheduled appointment.
d. If you accept nonjudicial punishment proceedings and are found to have committed one or more of the offenses alleged, the maximum punishment the
commander taking action may impose on you is listed on Page 3.
e. You will notify me of your decision by _______________ (time), __________________(date) unless I grant you an extension of time. (See Note 2)
NAME/RANK/ORGANIZATION OF
SIGNATURE
DATE
COMMANDER
2.
Service.
NAME/RANK/ORGANIZATION PERSON SERVING MEMBER (See Note 3)
SIGNATURE
TIME SERVED
DATE SERVED
3. Member’s Acknowledgement and Elections.
I understand the rights listed on Page 3 of this form and acknowledge the recoupment
statement on Page 3.
(Member initials one block on each line)
a.
I have not consulted a lawyer.
I have consulted a lawyer.
b.
I waive my right to court-martial and
I demand trial by court-martial in lieu of nonjudicial punishment.
accept nonjudicial punishment proceedings.
c.
I have attached a written presentation.
I have not attached a written presentation.
d.
I request a personal appearance before
I request a personal appearance before
I do not request a personal
you and that it not be public.
you and that it be public.
appearance before you.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
4. Commander’s Decision.
a. I have considered the evidence, including any matters you have presented, and find that:
(Commander initials all appropriate blocks)
(1)
Nonjudicial punishment is not appropriate or you did not commit the offense(s) alleged. I hereby terminate these proceedings.
(2)
You committed one or more of the offenses alleged. I lined out and initialed the offense(s), if any, for which I determined
nonjudicial punishment is not appropriate or which you did not commit. I hereby impose punishment as listed in item 16.
b. I will consider placing this record of nonjudicial punishment in your Senior Noncommissioned Officer Selection Folder or forwarding it
to a senior review authority who will make the final decision. You may submit a statement of rebuttal, mitigation, or
circumstances to be considered. You have until __________________ [5 calendar days from receipt] to submit matters for
my consideration.
(See Note 4)
c.
Reductions in grade, forfeitures in pay, and suspensions of any punishment are effective immediately. All other punishments take effect
when you are notified of the punishment, unless otherwise stated.
d. You must notify me by _______________
(time), _____________ (date) whether you appeal, unless I grant you an extension of time.
You are entitled to advice of counsel in making this decision. You must notify me of your appeal decision and submit any matters you
wish considered within the time provided or your right to appeal is waived. Any documents supporting your appeal must be submitted
at the same time you make your appeal decision. A decision not to appeal is final. (See Note 5)
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF COMMANDER
5. Member's Acknowledgement.
I acknowledge receipt of the punishment, my right to appeal, and the SNCO Selection Folder notification.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 1
AF3070B, 20190319
(EF-V1)
6.
Member's Elections on Appeal and Senior Noncommissioned Officer Selection Folder Notification.
(Member initials one block in each
column) Member's decision ends the time limit to appeal and to submit matters on SNCO Selection Folder (SNCOSF).
a.
I do not appeal.
d.
I have submitted matters on my SNCOSF.
b.
I appeal and submit matters in writing.
e.
I have not submitted matters on my SNCOSF.
I appeal and do not submit matters in writing.
c.
SIGNATURE
TIME
DATE
NAME/RANK OF SERVICE MEMBER
7.
Commander Action on Appeal.
After considering all matters presented in your appeal,
(Commander initials one block)
grant your appeal in part, as shown in item 16. (See Note 6)
I hereby
deny your appeal;
grant your appeal;
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF COMMANDER
(Appellate authority initials one block) After considering all matters presented in your appeal,
8.
Appellate Authority Action on Appeal.
I hereby
deny your appeal;
grant your appeal;
grant your appeal in part, as shown in item 16.
NAME/RANK/ORGANIZATION OF APPELLATE AUTHORITY
SIGNATURE
DATE
9.
Commander Action on SNCO Selection Folder.
(Commander initials one block)
After considering all matters you have presented, I have determined this action
will not be filed in your SNCO Selection Folder;
will be filed in your SNCO Selection Folder; and will be forwarded to _______________________________for review.
10. Reviewing Authority Action on Senior NCO Selection Folder.
(Reviewing authority initials one block)
I have determined this action
will be filed in your SNCO Selection Folder;
will not be filed in your SNCO Selection Folder.
SIGNATURE
NAME/RANK/ORGANIZATION OF REVIEWING AUTHORITY
DATE
11.
Unfavorable Information File (UIF) Action.
(Commander initials one block)
This action
will be filed in the Member's UIF;
will not be filed in the Member's UIF.
(See Note 7)
12. Member's Acknowledgement.
I have been informed of the UIF and SNCOSF decisions. I have seen the action taken on any appeal.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
DATE
Record is legally sufficient and the action is final.
13. Servicing SJA Legal Review.
NAME/RANK/ORGANIZATION OF REVIEWING ATTORNEY
SIGNATURE
DATE
Copy received by MPF on _______________________ and AFO on _______________________.
14. MPF and AFO Distribution.
(date/initials)
(date/initials)
Record is in compliance with AFI 51-202 and Part V, MCM.
15. GCMCA SJA Administrative Supervisory Review.
NAME/RANK/ORGANIZATION OF REVIEWING ATTORNEY
SIGNATURE
DATE
16. (See Note 8)
SERVICE MEMBER'S LAST NAME & SSN:
DATE OF COMMANDER'S OFFER:
AF3070B, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 2
RIGHTS OF MEMBER
1.
You have all the rights specified in Article 15 of the Uniform Code of Military Justice (UCMJ), in part V of the Manual for Courts-Martial
(MCM) and in Air Force Instruction (AFI) 51-202, Nonjudicial Punishment. These rights are summarized below:
a.
You have the right to consult a lawyer before making any decisions, and a lawyer may assist you throughout the proceedings. A military defense
counsel is available to advise you, free of charge, or you may retain civilian counsel at your own expense.
b.
You have the right (1) to accept nonjudicial proceedings under Article 15, UCMJ, in which case your commander (or the commander to whom
this action is sent) will decide whether you committed the alleged offense, or (2) to demand trial by court-martial which requires proof of guilt
beyond a reasonable doubt. You have 3 duty days to make this decision, unless you request an extension of time and the commander grants the
extension. Your acceptance of nonjudicial punishment proceedings is not an admission that you committed the alleged misconduct. The
commander will make that decision only after you present your evidence or statement in defense, if you choose to do so.
c.
If you demand trial by court-martial, charges could be referred for trial by a special or general court-martial. You have a right to be represented
by counsel at a court-martial. You have additional rights at a trial by court-martial which you should ask your lawyer to explain.
d.
You have the right to examine the evidence against you before you make any decisions. Your lawyer may assist you in making a statement and/or
obtaining evidence in your defense, and for use in extenuation and mitigation.
e.
If you accept nonjudicial punishment proceedings, you have the right (1) to make a full oral and/or written presentation to the commander (or a
designee, in some cases) who will decide your punishment, (2) to present witnesses who are reasonably available, and (3) to be accompanied by
someone to speak on your behalf. You may request the proceeding be open or closed to the public, but the commander makes the decision.
f.
You do not have to make any oral or written statement regarding the offense(s) of which you are accused and any statement made may be
used as evidence against you in a later proceeding. See Article 31b, UCMJ.
2.
If the commander imposes punishment, you have 5 calendar days to appeal to the next superior commander. You have the right to consult with
a lawyer before deciding whether to appeal and to assist you in your appeal. In your appeal, you may present additional written matters.
If a personal appearance is made to someone other than the commander who will impose punishment, that person sends, by separate
Note 1:
indorsement, a summary of the appearance and copies of all documents presented, to the imposing commander.
Note 2:
The date and time in item 1e must be a minimum of 3 duty days (including weekends and holidays if normally scheduled duty days for the
member) from the date and time the member is notified in item 2.
Note 3:
The initiating commander may direct a subordinate, senior to the member, when practicable, to notify and serve the member. The person
serving the member, whether the commander or subordinate, signs and annotates the date and time of service.
Note 4:
See AFI 36-2608, Military Personnel Records System, for further guidance concerning filing the Record of Nonjudicial Punishment in the
appropriate selection record.
Note 5:
The date and time in item 4c must be a minimum of 5 calendar days from the date and time the member is notified in item 5.
Note 6:
If the imposing commander grants less than the full relief requested, the commander must forward the appeal to the appellate authority
through the servicing Staff Judge Advocate. See AFI 51-202, paragraph 4.6, for further guidance.
Note 7:
See AFI 36-2907,
Unfavorable Information File (UIF) Program,
for further guidance.
Note 8:
A continuation page may be used if necessary. Identify the information by the item number.
MAXIMUM PERMISSIBLE PUNISHMENTS
1.
If the commander imposing punishment is a:
a.
Lieutenant Colonel or above
: Forfeiture of one-half month’s pay per month for two months, 60 days restriction, 45 days extra duty, 30
days correctional custody, a reprimand, and reduction of one grade; E-8 and E-9 may be reduced one grade only by a commander who has
promotion authority to those grades.
Major: Forfeiture of one-half month’s pay per month for two months, 60 days restriction, 45 days extra duty, 30 days correctional
b.
custody, a reprimand, and reduction of one grade for E-6. A Major may not impose NJP on an E-8 or E-9.
Lieutenant or Captain: Forfeiture of 7 days pay, 14 days restriction, 14 days extra duty, 7 days correctional custody, and a reprimand.
c.
A Lieutenant or Captain may not impose NJP on an E-8 or E-9.
2.
Restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum imposable for extra
duties. Correctional custody may not be imposed in combination with restriction or extra duties. If reduction is imposed, forfeiture of pay is
based on the grade to which the member was reduced, even if the reduction was suspended. See Part V, MCM, for additional guidance.
STATEMENT OF UNDERSTANDING REGARDING RECOUPMENT OF EDUCATION ASSISTANCE, SPECIAL PAY,
OR BONUSES
I understand that the Air Force may be entitled to recoup a portion of education assistance, special pay, or bonus money which I received, if any, if I
separate before completing the period of active duty I agreed to serve. I understand this recoupment applies regardless whether I voluntarily separate
or I am involuntarily discharged. I further understand: (1) the recoupment in all cases is an amount that bears the same ratio to the total amount or
cost provided to me, as the unserved portion of active duty bears to the total period of active duty I agreed to serve; and (2) that if I dispute that I am
indebted for educational assistance, a board or other authority will make findings and recommendations concerning the validity of the indebtedness.
AF3070B, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 3
16. continued
(See Note 8)
DATE OF COMMANDER'S OFFER:
SERVICE MEMBER'S LAST NAME & SSN:
PREVIOUS EDITIONS ARE OBSOLETE
AF3070B, 20190319
(EF-V1)
PAGE 4
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