Under the Rules of Evidence for non-judicial punishment (NJP), can a commanding officer consider hearsay?

• A. No
• B. Only if corroborated
• C. With defense consent
• D. Yes

Answer: (D)

In NJP the commanding officer is evaluating misconduct in a less formal, administrative setting. The Rules of Evidence are relaxed compared with a court-martial, so the CO can consider hearsay—an out-of-court statement offered to prove the truth of the matter—if it appears credible and relevant. The aim is to determine whether there is a reasonable basis for guilt and an appropriate corrective action, not to conduct a full-blown legal trial. Hearsay is not automatically barred; it can contribute to the overall assessment alongside other evidence. The member still has the right to present defense evidence and challenge the information, and the CO weighs all evidence together rather than relying on one piece alone. Thus, hearsay can be part of what the CO considers in NJP.