AF Form 3070A "Record of Nonjudicial Punishment Proceedings (AB Thru SSgt)"

What Is AF Form 3070A?

This is a legal form that was released by the U.S. Air Force on March 19, 2019 and used country-wide. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on March 19, 2019;
  • The latest available edition released by the U.S. Air Force;
  • Easy to use and ready to print;
  • Yours to fill out and keep for your records;
  • Compatible with most PDF-viewing applications;

Download a fillable version of AF Form 3070A by clicking the link below or browse more documents and templates provided by the U.S. Air Force.

ADVERTISEMENT
ADVERTISEMENT

Download AF Form 3070A "Record of Nonjudicial Punishment Proceedings (AB Thru SSgt)"

1150 times
Rate (4.4 / 5) 79 votes
RECORD OF NONJUDICIAL PUNISHMENT PROCEEDINGS (AB thru SSgt)
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 14.
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 AOC, 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)
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF 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 consulted a lawyer.
I have not consulted a lawyer.
I waive my right to court-martial and
I demand trial by court-martial in lieu of nonjudicial punishment.
b.
accept nonjudicial punishment proceedings.
I have attached a written presentation.
I have not attached a written presentation.
c.
I request a personal appearance before
I request a personal appearance before
I do not request a personal
d.
you and that it not be public.
you and that it be public.
appearance before you.
SIGNATURE
TIME
DATE
NAME/RANK OF SERVICE MEMBER
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 14.
b. 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.
c. 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.
Your decision not to appeal is final.
(See Note 4)
SIGNATURE
NAME/RANK/ORGANIZATION OF COMMANDER
DATE
5. Member's Acknowledgement.
I acknowledge receipt of the punishment and my right to appeal.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
AF FORM 3070A, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 1
RECORD OF NONJUDICIAL PUNISHMENT PROCEEDINGS (AB thru SSgt)
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 14.
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 AOC, 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)
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF 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 consulted a lawyer.
I have not consulted a lawyer.
I waive my right to court-martial and
I demand trial by court-martial in lieu of nonjudicial punishment.
b.
accept nonjudicial punishment proceedings.
I have attached a written presentation.
I have not attached a written presentation.
c.
I request a personal appearance before
I request a personal appearance before
I do not request a personal
d.
you and that it not be public.
you and that it be public.
appearance before you.
SIGNATURE
TIME
DATE
NAME/RANK OF SERVICE MEMBER
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 14.
b. 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.
c. 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.
Your decision not to appeal is final.
(See Note 4)
SIGNATURE
NAME/RANK/ORGANIZATION OF COMMANDER
DATE
5. Member's Acknowledgement.
I acknowledge receipt of the punishment and my right to appeal.
NAME/RANK OF SERVICE MEMBER
SIGNATURE
TIME
DATE
AF FORM 3070A, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 1
6. Member's Appeal Decision.
(Member initials one block)
Member's decision ends the time limit to appeal.
a.
I do not appeal.
b.
I appeal and submit matters in writing.
c.
I appeal and do not submit matters in writing.
SIGNATURE
TIME
DATE
NAME/RANK OF SERVICE MEMBER
7. Commander Action on Appeal.
(Commander initials one block)
After considering all matters in your appeal,
I hereby
deny your appeal;
grant your appeal;
grant your appeal in part, as shown in item 14,
(See Note 5)
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF COMMANDER
8. Appellate Authority Action on Appeal.
(Appellate authority initials one block) After considering all matters presented in your appeal,
I hereby
deny your appeal;
grant your appeal;
grant your appeal in part, as shown in item 14.
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF APPELLATE AUTHORITY
9. Unfavorable Information File (UIF) Action.
(Commander initials one block)
This action
will be filed in your UIF;
will not be filed in your UIF. (See Note 6)
10. Member's Acknowledgement.
I have been informed of the UIF decision. I have seen the action taken on any appeal.
SIGNATURE
DATE
NAME/RANK OF SERVICE MEMBER
11. Servicing SJA Legal Review.
Record is legally sufficient and the action is final.
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF REVIEWING ATTORNEY
Copy received by MPF on _____________________ and AFO on ______________________.
12. MPF and AFO Distribution.
(date/initials)
(date/initials)
13. GCMCA SJA Administrative Supervisory Review.
Record is in compliance with AFI 51-202 and Part V, MCM.
SIGNATURE
DATE
NAME/RANK/ORGANIZATION OF REVIEWING ATTORNEY
14. (See Note 7)
SERVICE MEMBER'S LAST NAME & SSN:
DATE OF COMMANDER'S OFFER:
AF FORM 3070A, 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.
Note 1:
If a personal appearance is made to someone other than the commander who will impose punishment, that person sends, by separate indorsement,
a summary of the appearance and copies of all documents presented, to the imposing commander.
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
Note 2:
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.
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 4:
Note 5:
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 6:
See AFI 36-2907, Unfavorable Information File (UIF) Program, for further guidance.
A continuation page may be used if necessary. Identify the information by the item number.
Note 7:
MAXIMUM PERMISSIBLE PUNISHMENTS
1.
If the commander imposing punishment is a:
a. Lieutenant Colonel or above and you are enlisted : 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-4 and below may be reduced to E-1.
b. Major and you are in grade E-1 through E-5: 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 for E-5; E-4 and below may be reduced to E-1.
c. Lieutenant or Captain and you are in grade E-1 through E-5: Forfeiture of 7 days pay, 14 days restriction, 14 days extra duty, 7 days correctional custody,
a reprimand, and reduction of one grade.
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.
AF FORM 3070A, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 3
14. continued
(See Note 7)
DATE OF COMMANDER'S OFFER:
SERVICE MEMBER'S LAST NAME & SSN:
AF FORM 3070A, 20190319
(EF-V1)
PREVIOUS EDITIONS ARE OBSOLETE
PAGE 4
Page of 4