What right to counsel does an accused have prior to non-judicial punishment?

An accused service member does not have a right to legal counsel before non-judicial punishment (NJP) proceedings. This principle is grounded in the military justice system, whereby NJP serves as a means for commanders to address minor offenses without formal court-martial procedures. During these proceedings, the service member is informed of the allegations against them, but they are not entitled to be represented by a legal counsel at this stage.

This absence of a right to counsel is primarily because NJP is considered an administrative action rather than a judicial one. The focus is on promoting good order and discipline within a command rather than on the formal adjudication of criminal charges, which is where a right to counsel would typically be applicable.

Understanding this context is crucial, as it highlights the differences between the military's judicial processes and administrative actions, such as NJP, where legal representation is not afforded.