6 - Non-punitive measures Flashcards
Due Process Clause
“No person shall… be deprived of life, liberty, or property, without due process of law”
- DoD and USN are state actors
Liberty
Cannot be restricted except for a proper governmental objective
- Extra restrictions are implemented on a rational basis/legitimate government purpose
Staying late from work doesn’t count as EMI
Forms of NPMs
- Spot Correction
- Informal Counseling
- Non-punitive censures (NPLOC)
- Withholding Privileges / EMI
- Formal Counseling
Totem Pole Factors of NPMs
- Seriousness of the underlying offense
- Service record of the accused (meritorious/past misconduct)
- Evidence in extenuation/mitigation
- Rehabilitative potential
- The need for individual and collective deterrence
Policy of NPMs
- Must serve a valid training purpose
- Allegations should be handled in a timely manner, at the lowest appropriate level.
- Not punishment
Extra Military Instruction (EMI)
Instruction in a phase of military duty in which a member is deficient
- Must bear a logical relationship to the deficiency to be corrected
When
- During working hours at a reasonable time
- Not on the member’s Sabbath
Length
- No more than 2 hours per day
Types of Counselings
Informal
- May retain record of counseling in DIVO files
Formal
- Page 13 entry (Navy) or Page 11 (USMC)
Counseling = a good motivational tool
Non-punitive Censure
May be given orally or in writing
- If written: a Nonpunitive Letter of Caution (NPLOC)
Private in nature
- Not mentioned in FITREP
- Not in SRB
Withholding Privileges
Benefit, advantage, or favor provided for the convenience/enjoyment of member
Person who has authority (Base CO) has the authority to deny a privilege
- Is permissable as a corrective measure
Servicemember’s Civil Relief Act (SCRA)
Federal law that provides legal protections for members for the U.S. military and their dependents
- Ability to break your lease with no penalty
