Navy Regulations and UCMJ

What are the four things to know about Navy REGS?

1. Principal regulatory document for the Department of the Navy (DON)

2. Endowed with the sanction of law

3. No other directive in the DON may conflict, alter or amend US NAVY REGULATIONS

4. The CNO is responsible for ensuring that Navy Regs conform to the current needs of the DON

What are the three main responsibilities of the Commanding Officer?

1. Responsible for his command is absolute, may delegate authority but not responsibility

2. Responsible for the accomplishment of mission and duties assigned

3. Responsible for maintaining good order and discipline

What is covered about Authority and Command?

-In chapter 10 of Navy Regs

-Relative ranks and precedence of officers of different services

Exercise of authority

Authority over subordinates

Contradictory and conflicting orders

Succession of command, succession in battle

Define what it means when a senior officer is present

The senior line officer present

What about the Senior Officer Present, Authority?

SOPA shall assume command of all DON personnel when deemed necessary

What does UCMJ mean

The Uniform Code of Military Justice

What is the history and background of the UCMJ? 

Phoenicians were first people to have strict laws concerning military personnel

1775: Rules for the Regulation of the Navy of the United Colonies was drafted by Congress

1950: Congress adopted the UCMJ (applies to all the armed forces)

What is the UCMJ Purpose?

Seeks to promote good order, high morals, and discipline, applies to every aspect of military life

List the six groups of people subject to the UCMJ

1. Active duty personnel

2. Reservists on active duty

3. US Naval Academy Midshipmen

4. Retired personnel receiving benefits

5. Civilians under martial law

6. NROTC Midshipmen on summer cruise

Define what an NJP is

NJP stands for Non Judicial Punishment

What is NJP? What is their purpose?

Maintain good order and discipline within the command, the UCMJ gives commanding officers the authority to award certain types of punishment when necessary

IT IS NOT A TRIAL.

Exacts standards of a court proceeding do not apply

What is the history of Non-Judicial Punishment? 

Greeks first had the NJP

Royal Navy Commanders could sentence sailors to death

Today’s form of NJP was established in 1951 (Article of 15 of UCMJ)

Who is allowed to impose NJP?

CO’s and Officers in Charge and their superiors

Who is at risk of receiving an NJP?

ANY MILITARY MEMBER

Does the accused have the right to refuse NJP? 

If attached to a shore command, yes they can choose court martial

What if they are at sea?

Members CAN NOT refuse NJP because this can undermine good order and discipline

What is the first step for proper NJP Procedure?

Someone is officially accused of committing an offense. A report chit is written up and sent to the Legal officer

What is the second step of the NJP Procedure? 

An officer (not in the accused chain of command) does a preliminary investigation

What is the third step in the NJP Procedure?

Executive Officer’s Inquiry (XOI)

The XO holds a pre-mast hearing and makes recommendation to the CO

Dismissal of case, award punishment at NJP, or send to court martial

What is the fourth step in the NJP Procedure?

CO stands behind podium

Division officer and chief are present

Accused is summoned

The CO reads off his or her rights (Accused has a right to make a statement on their own behalf)

Commanding Officer: Weighs all evidence and statements, determines the guilt or innocent and determines the amount of and type of punishment

What are the types of NJP Punishment?

Extra duty (up to 45 days)

Restriction (up to 45 days)

Forfeiture of ½ month’s pay for 2 months

Reduction in rate (Busting)

Admonition and Reprimand

What are the limits of the punishments?

Rank of CO or OIC can limit what he can do

O-4 to O-6 can award to an E-5 the punishments listed above

What are the three main types of courts martial? 

Summary, special, general

What is the jurisdiction for summary?

Only for enlisted, minor offenses

Who is the convening authority? 

CO

What is the composition

Commissioned officer

Types of punishment

1 month confinement, reduction in rate, forfeiture of pay, fines, accused CANNOT be discharged

What is the jurisdiction for special?

Officers and enlisted, serious non capital offenses

What is the convening authority?

CO of any ship, shipyard, base or station

What is the composition? 

Military judge and not less than 3 members

Military judge ONLY (if requested)

Defense and trial counsel are appointed

Enlisted may request 1/3 of members to be an enlisted person from another command

Court hears evidence and votes on findings

What is the jurisdiction for general court martial?

Normally officers and for capital offenses

What are the convening authorities?

President, SECNAV, Fleet C in C, CO’s empowered by SECNAV or President

What is the composition for general? 

Military judge and not less than 5 members

Military judge ONLY

Defense and trial counsel appointed

IF ACCUSED IS enlisted, they can request 1/3 members to be enlisted

What is punishment for General?

Confinement at Hard Labor, total forfeiture of pay, dishonorable discharge, officer dismissal, life imprisonment or death penalty