1. G. Administrative matters related to njp g administrative Measures Independent of Article 15, ucmj




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CHAPTER 1 MILITARY JUSTICE MANUAL

NONJUDICIAL PUNISHMENT COMMANDANT INSTRUCTION M5810.1D





1.G. ADMINISTRATIVE MATTERS RELATED TO NJP
1.G.1. Administrative Measures Independent of Article 15, UCMJ
1.G.1.a. General

Commanding officers are authorized and expected to use administrative corrective measures

to further the efficiency of their commands or units. These measures are not to be

imposed as punishment for any military offense(s). They may be administered either

orally or in writing. A non-exhaustive list of administrative corrective measures generally

fall into three areas: extra military instruction, administrative withholding of privileges,

and nonpunitive censure. [See, RCM 306(c)(2), MCM.]
1.G.1.b. Extra Military Instruction [EMI]

(1) EMI is defined as instruction in a phase of military duty in which

an individual is deficient. It is intended for, and directed towards, the correction of that

deficiency. It is a legitimate training technique to be used for improving the efficiency of

an individual within a command or unit through the correction of some deficiency in that

individual’s performance of duty. EMI may be assigned only if genuinely intended to ac-



CHAPTER 1 MILITARY JUSTICE MANUAL

NONJUDICIAL PUNISHMENT COMMANDANT INSTRUCTION M5810.1D

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complish that result. It is not to be used as a substitute for judicial (court-martial) punishment

or nonjudicial punishment [NJP], and must be logically related to the deficiency

in performance for which it was assigned. EMI shall be conducted within the following

limitations:


(a) EMI normally will not be conducted for more than two hours

per day.
(b) EMI, if awarded, or approved by the commanding officer

may be conducted at a reasonable time outside normal working hours.
(c) EMI will not be conducted over a period that is longer than

necessary to correct the performance deficiency for which it was assigned.


(d) EMI will not be performed on the member’s Sabbath.
(e) EMI will not be used to deprive the member of normal liberty

to which the member is otherwise entitled. EMI may be directed to occur outside of

normal work hours, however, and such scheduling may incidentally limit a member’s liberty

by the time required to perform the EMI. A member who is otherwise entitled to

liberty may commence normal liberty upon completion of EMI.
(f) Authority to assign EMI, which is to be performed during

normal working hours, is not limited to any particular grade or rate, but is an inherent

part of that authority over their subordinates that is vested in officers and petty officers in

connection with duties and responsibilities assigned to them. This authority to assign

EMI that is to be performed during normal working hours may be withdrawn by any superior

if warranted.
(g) Authority to assign EMI to be performed after normal

working hours is vested in the commanding officer. Such authority may be delegated, as

appropriate, to subordinate officers and petty officers, in connection with duties and responsibilities assigned to them, but EMI may be assigned under such circumstance only

with the knowledge and prior approval of the commanding officer.
(2) EMI is intended to correct a deficiency and, as such, an individual

deemed by the command to be qualified must supervise the performance of EMI. EMI

may be ordered to coincide with an appropriate supervisor’s work or duty schedule during

reasonable hours.


(3) EMI should not normally be ordered for a period exceeding fourteen

sessions and if not on consecutive days, to exceed one month in total period of time

before completed. If the deficiency is not correctable within the training provided under

these limitations, alternative actions should be considered; e.g., performance probation,

etc.
(4) EMI is solely intended to correct a deficiency. It is automatically

terminated at the end of its ordered period and is terminated sooner if the EMI supervisor

determines the deficiency has been corrected.
(5) EMI is not normally considered appropriate for E-7 or above.
(6) EMI is not to be confused with the punishment of extra duties that

may be awarded at NJP or hard labor without confinement awarded at a court-martial.

While menial labor may be awarded as a punishment, it is not appropriate for EMI. The

tasks and/or training ordered to be performed as EMI must relate to and have the logical

purpose of correcting the appropriate deficiency. If EMI takes the form of on-the-job

training, a qualified supervisor must be available to answer questions and inspect the task

or work accomplished to ensure the training objectives are achieved. That supervisor is

authorized to terminate the EMI once the training objectives have been accomplished.


1.G.1.c. Administrative Withholding of Privileges

(1) A privilege is a benefit, advantage, or favor provided for the convenience

or enjoyment of an individual. Examples of privileges that may be temporarily

withheld as administrative corrective measures are: special liberty; scheduling of leave

during a particular period (but note: reasonable opportunity to take annual leave may not

be denied); exchange of duty; participation in special command programs; access to base

or ship libraries, base or ship movies, or enlisted or officers’ clubs; base parking; and

base or ship special services events. It may also encompass the withholding of special

pay as well as commissary and exchange privileges, provided such withholding complies

with applicable rules and regulations, and is otherwise in accordance with law. In all instances, unless properly delegated, final authority to withhold a privilege, however

temporary, must ultimately rest with the level of authority empowered to grant the privilege.
(2) Deprivation of normal liberty as a punishment, except as specifically

authorized under the UCMJ, is illegal. Therefore, except as the specific result of a

punishment imposed under Article 15, UCMJ, or as the result of the sentence of a court-martial, it is illegal for any officer or petty officer to deny any subordinate normal liberty,

or privileges incident thereto, as punishment for any offense. Lawful deprivation of normal

liberty may result, however, from other lawful actions (e.g., authorized pretrial

restraint; deprivation of normal liberty in a foreign country or in foreign territorial waters,

when such action is deemed essential for the protection of foreign relations of the United

States). Furthermore, reasonable conditions may be placed on liberty without the restriction

resulting in punishment. For example a commanding officer of a vessel during a

port-call may restrict members from renting motorcycles and mopeds, place certain facilities

off-limits, or prohibit certain food or drink products as may be reasonably

required for the health and well-being of the crew or the conduct of foreign relations. Advice

may always be sought from the servicing legal office.
(3) It is necessary to the efficiency of the Coast Guard that official

functions be performed and that certain work be accomplished in a timely manner. It is,

therefore, not a punishment when members in the Coast Guard are required to remain on

board and be physically present outside of normal working hours for work assignments

that should have been completed during normal working hours, or for the accomplishment

of additional essential work, or to achieve the currently required level of operational

readiness.

(4) The incidental loss of liberty due to the performance of authorized

EMI after hours [see, subparagraph 1.G.1.b above] is not considered punishment.
1.G.1.d. Administrative Letters of Censure

Nonpunitive administrative letters of censure are not punitive and may be administered

either orally or in writing. Nonpunitive letters of censure are private in nature and, other

than administrative letters of censure issued by the Commandant, shall not be forwarded

to the Chief of Personnel, quoted in, or appended to, performance reports, included as

enclosures to investigative reports, or otherwise included in official Coast Guard records

of the recipient. [See, Article 8.E.4., Coast Guard Personnel Manual, COMDTINST

M1000.6 (series).]



1.G.2. Conduct Marks
1.G.2.a. General

Rules governing conduct marks are properly a subject of administrative regulation. [See,

Article 10.B., Coast Guard Personnel Manual, COMDTINST M1000.6 (series).]
1.G.2.b. Policy

A low conduct mark is not a punishment for an offense, and should not be used as such.

A low conduct mark merely reflects that the member has committed an offense. It is the

offense (or more specifically, the wrongful conduct underlying the offense), not the

holding of a disciplinary proceeding (such as the NJP or court-martial), that is the basis

for the low conduct mark. It rests with the sound discretion of the marking officials to

determine appropriate conduct marks.
1.G.2.c. Good Conduct Medal

To determine the effect of NJP upon a member’s qualifications to receive the Good Conduct

Medal, see Article 5.B.1.b.(3)(c), Medals and Awards Manual, COMDTINST

M1650.25 (series).


1.G.3. Personnel Record Entries
1.G.3.a. Court Memorandum (Form CG-3304)

The Court Memorandum provides input to the service records of officer and enlisted personnel

for all masts resulting in the imposition of punishment. If mast was held, but no

punishment as described under Article 15, UCMJ, was awarded, then Article 15 punishment

(or NJP) was not awarded. No Court Memoranda shall be prepared if, instead of

imposing punishment, the matter is dismissed, dismissed with a warning, dismissed with

administrative action taken, referred to court-martial, or results in recommendation for

general court-martial because these actions are not considered the imposition of punishment.

[See, section 2.E. of the Source Data Automation (SDA) II User Manual,

HRSICINST M5231.2 (series).]


1.G.3.b. Reduction in Pay Grade

Personnel record entries are required by section 2.E of the Source Data Automation

(SDA) II User Manual, HRSICINST M5231.2 (series) and Article 5.C.38., Coast Guard

Personnel Manual, COMDTINST M1000.6 (series) when reduction in pay grade is

awarded under Article 15, UCMJ, or court-martial.
1.G.3.c. Reserve Personnel

Personnel actions regarding reserve personnel shall be entered into the Personnel Management

Information System by the Personnel Reporting Unit (PERSRU) that maintains

the reservist’s records. Accordingly, one copy of each CG-4910 documenting the imposition

of NJP on reserve personnel shall be sent to the PERSRU that maintains the

reservist’s records.



1.G.3.d. Excused Absences

In an absence case, excusing a member’s absence does not necessarily amount to a de-termination that the absence was unavoidable or that the time lost is not deductible. This

is a separate administrative determination and the command is not limited in taking ad-ministrative action based upon the results of a hearing under Article 15, UCMJ. [See,

Military Personnel Data Records (PDR) System, COMDTINST M1080.10 (series).]


1.G.4. Unit Punishment Log (or Unit Punishment Book)

A unit punishment log (book) shall be maintained at every unit authorized to award pun-ishment under Article 15, UCMJ. When final action has been taken on the CG-4910, the

“Final Administrative Action” section of form CG-4910 shall be appropriately completed

and the form and associated mast documentation, including investigation package, final



action on appeal, etc., shall be filed in the unit punishment book. These forms and supporting

documents shall be retained at the unit for four years.


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