Master Specialist > Afloat Security > Flashcards
Afloat Security Flashcards
Discuss the Duties and Responsibilities of the Chief Master-at-Arm
The CMAA is responsible for the organization and training the Master-at-Arms (MAA) force in force protection (FP). The CMAA conducts antiterrorism (AT), law enforcement and physical security in accordance with OPNAVINST 5530.14 (series). The CMAA ensures the MAA force is trained in and enforces Navy, unit, and other directives which establish standards of dress, grooming, behavior and performance.
Basic function of CMAA
A chief master-at-arms (CMAA) is assigned in each unit and is
responsible for the supervision, direction, and employment of the assets of the security department/division and assisting the commanding officer in maintaining the security, good order and discipline of the ship. When no security officer is authorized/assigned; the duties, responsibilities, and authority are incorporated here.
Issued to provide guidance to assigned units when in port at Navy-controlled ports/installations. The _______ is designed to integrate and align afloat security forces with installation security forces in support of the installation protection plan.
Directed Inport Security Plan (DISP)
Which of the following are not a required PPR for afloat units?
Animal attack
________ are designed to assess a ship’s readiness across the full spectrum of manning, materiel, and training, and to provide periodic feedback to the appropriate Immediate Superior in Command (ISIC) and Type Commander (TYCOM).
READ-E
What position has the following requirements be a Commissioned Officer and/or Warrant Officer or senior enlisted (E-7 or senior). Be designated in writing by the CO with Weapons Release Authority for assigned security forces.
ATTWO
Who may be exempt from inspections?
U.S. Secret Service
NCIS
Defense Intelligence Agency
What form is used upon the member’s check-in to screen for convictions of any misdemeanor crime of domestic violence.
DD 2760
True or False: NSF may conduct a search of premises exclusively occupied by members of the opposite gender. It is required that NSF or military personnel of the same gender as the occupants of the premises be present during the search.
False
Small Arms weapon qualifications are documented on OPNAV form 3591/2.
False
How often at minimum must Category I AA&E storage spaces with IDS protection be checked?
24 hours
How often at minimum must Category I AA&E storage spaces without IDS protection be checked
4 hours
The SRF must have small arms issued, and deploy from issue area (i.e., armory or Ready for Issue (RFI) locker) within how many minutes of the sounding of an alert.
5 min
The BRF must have small arms issued and deploy from issue area (armory or RFI Locker) within how many minutes of the sounding of an alert.
10 min
The RF must have small arms issued and deploy from issue area (armory or RFI Locker) within how many minutes of the sounding of an alert.
10 min
_____ inspections are done to observe all exterior and interior vehicle spaces normally accessible without the use of special tools or destruction of the vehicle infrastructure.
Complex
True or False: The Military Rules of Evidence (Part III), other than with respect to privileges, do not apply at nonjudicial punishment proceedings.
True
Initial use of force training is required to be administered and documented prior to assignment to an armed watch and at what periodicity after the initial training?
Semi annual
What instruction is the OPNAVINST 3120.32D
Standard Organization and Regulations of the U.S. Navy
True or False: The COMNAVAIRFORINST 3500.20D instruction is the CVN Training Manual
True
Additionally, inventories of arms and Category I items will be conducted upon relief of the commanding officer; upon relief of the department head responsible for the items; and upon commissioning or deactivation
True
Who is responsible for conducting annual sustainment training for the Navy Security Force.
AT TRASUP
ATTWO responsibilities
Effective execution of security plans requires integrated weapons employment and well-coordinated fields of fire. A single action officer with weapons release authority must be responsible to execute tactical command and control over inport security elements. The ATTWO shall:
(1) Be assigned in each ship’s inport duty section, and stationed IAW the Inport Security Plan or Directed Inport Security Plan, but at a minimum shall be capable of responding to the bridge, or other designated area within five minutes of notification of an incident.
(2) Be a Commissioned Officer and/or Warrant Officer or senior enlisted (E-7 or
senior).
(3) Be designated in writing by the CO with Weapons Release Authority for assigned security forces.
(4) Provide tactical leadership to all assigned security forces and coordinate the execution of PPRs. Shall attend all guard mounts. Note: SECO or ASECO may assume tactical leadership of assigned security forces IAW command policy.
(5) Evaluate threat situations, and exercise tactical command and control over assigned forces.
(6) Makes report IAW Fleet, installation, and command policy.
Discuss the Responsibilities of the Antiterrorism Officer
The primary AT adviser to the CO is the ATO, who shall be designated in writing. The ATO is responsible for the following:
1. Developing and managing the AT program, including training and evaluation
2. Preparing, updating, and implementing AT protection plans
3. Supervising training of the command’s ATTT
4. ATO or CO’s designated representative co-chairs the ATWG.
Discuss the duties and responsibilities of the Antiterrorism Training Supervisor
(1) Assist the ATO in overseeing the day-to-day AT readiness of the command. Enter all completed drills into CV-SHARP.
(2) Conduct NSF Sentry course training for the NSF and report course completion utilizing FLTMPS.
(3) Conduct SRF Team Member training for the NSF and report course completion utilizing FLTMPS.
(4) Conduct annual sustainment training for the NSF.
(5) Provide specialized training to ATTT and NSF members where formal AT courses of instruction are not offered for these tasks, i.e. mail or supply stores screening procedures, etc.
(6) Train NSF personnel in weapons handling proficiency, tactical employment of weapons, and use of deadly force decision-making skills.
(7) Certify Navy Security Force personnel in less than lethal weapons.
(8) Function as the command NTTP SME.
(9) Review current AT publications and facilitate obtaining current command AOR- specific threat updates appropriate to the operational mission of the ship.
(10) Coordinate and/or conduct Level I AT Training for crewmembers.
Discuss the required qualifications and responsibilities of Antiterrorism Training Team
(1) Complete PQS NAVEDTRA 43387-2 Series, ATTT Member, be qualified to stand the watch station observed, and designated in writing by the CO as an ATTT Member.
(2) Observe and assess AT/PS/LE Exercises and Evolutions, including the NSOXP Exercises.
(3) Coordinate completion of initial and/or sustainment training of the NSF and other crewmembers as directed.
(4) Ensure all Safety Observers are qualified for the position they are observing.
Explain Port Vulnerability Assessments
NCIS will assess the vulnerabilities of all ports before U.S. Navy ships enter them, unless urgent circumstances warrant otherwise. These assessments will entail onsite inspection of facilities by PS specialists, who will produce written reports of their findings. A centrally managed program is established to ensure this will be done and to ensure these VAs are reliable, uniform, of the greatest possible value and that they reach the forces that need them.
(1) Responsibilities. The responsibilities for these assessments reside with the NCC or as directed by the GCC. NCIS will support PAs with PS specialists and NCIS special agents.
(2) Frequency. The responsibility to determine if a port’s vulnerability should be assessed or when an assessment update is necessary, lies with the NCC responsible for each AOR. Factors that may be considered include:
(a) Whether the site is likely to be used in the foreseeable future (avoid wasted effort assessing locations that will not be used);
(b) The cooperation and reliability of the security forces of the HN (that is, nations with helpful bilateral agreements and that provide active and cooperative security measures need not be assessed as frequently);
(c) The terrorist threat (as a general, minimum guideline: for OCONUS, HIGH – assess annually, SIGNIFICANT – every 2 years, MODERATE or LOW – every 3 years; in CONUS – normally every 3 years);
(d) The freedom allowed U.S. security personnel to establish desired defense
measures;
(e) The capability, through HN military and police apparatus and local contractors, to provide required security personnel and equipment to successfully implement protective measures (armed guards, boats, barriers, etc.).
(3) Report Availability. PAs, AAs and HAs are available at NCIS MTAC’s and Numbered Fleet Commander’s SIPRNET websites. TAs will be available in association with PA, AA and HA reports and are available via the MTAC website.
(4) Report Format. Throughout the Navy, all PA reports will follow a single common format and will contain the minimum information directed by CNO N3/N5; AOR-specific information requirements that are validated by NCIS can be included as an addendum, as applicable. However, the NCC of any AOR may request additional information to PA reports for ports in their AOR.
(a) Overview.
(b) Port Information.
1. General (including HN agreements).
2. Berths for U.S. Navy Use.
(c) Port Security Particulars.
1. General.
2. Perimeter and Barriers.
3. Access Points and Controls.
4. Lighting.
5. Local Police or Security.
6. Intrusion Detection Systems.
7. Warnings and Recommended Additional Security.
(d) Liberty Party Concerns. (e) Transportation.
(f) Photos.
(g) Points of Contact
Explain the purpose of Training and Operational Readiness Information Services (TORIS)
C1. Training and Operational Readiness Information Services (TORIS) provides a tool to
schedule, execute, track, display and report all unit level training as defined by reference (b) and the class NMETL. TORIS is the TYCOM’s single authoritative database for all proficiency effectiveness and efficiency metrics. The purpose of TORIS is as follows:
a. Track the accomplishment of Certification (CE), Advanced (AE), and Repetitive (RE) exercises listed in Chapter 3.
b. Calculate TFOM (Training Figure of Merit) based on the completion of applicable CEs and REs.
NOTE: AEs do not currently factor into the TFOM calculation but will still be recorded and reported to the TYCOM.
c. Record and report the status of a ship’s mission area proficiency up the Chain of Command and into the Defense Readiness Reporting System-Navy (DRRS-N).
d. Provide scheduling and tracking functionality for ATG and other training organizations that provide training to the ship.
e. Support metrics development.
f. Collect and store training data and readiness information.
Explain the purpose of Readiness Evaluations (READ-E)
The purpose of this instruction is to amplify reference (a) by providing details regarding the scope, purpose, and execution of each Readiness Evaluation (READ-E). As defined in reference (a), READ-Es are designed to assess a ship’s readiness across the full spectrum of manning, materiel, and training, and to provide periodic feedback to the appropriate ISIC and TYCOM. Each READ-E consists of multiple, complementary assessments consolidated into a distinct evaluation period to ensure the ship is ready to proceed to the next readiness milestone.
Discuss the use of R-ADM
Supervisors may develop their own personnel management tools. However, it is
recommended the number of forms and documents be kept to an absolute minimum. The records required by this instruction will suffice in all but the most unusual circumstances. Only training records and plans used for the current training cycle need to be retained.
Discuss the purpose of Defense Readiness Reporting System-Navy (DRRS-N)
DRRS-N collects and displays the status and or availability of resources information for personnel, equipment, supply, training, ordnance and facilities (PESTOF), as applicable, to the unit type. Resource availability, observed performance, military experience and judgment, as well as the assigned tasks, conditions, and standards, are all factors a commander must take into consideration when evaluating his or her unit’s ability to perform its METs. A unit’s ability to accomplish METs and capabilities is assessed by the commander as “Yes” (Y), “Qualified Yes” (Q), or “No” (N). The commander must provide amplifying comments when the overall assessment of a mission area is “Q” or “N.” Navy mission-essential task (NMET) assessments and essential DRRS-N data elements are subsequently transmitted to DRRS-S to fulfill requirements published in reference (b). Navy Status of Resources and Training System reporting is transmitted by the Navy Readiness Reporting Enterprise (NRRE) business intelligence software tool, to GSORTS in support of requirements in reference (f).
d. DRRS-N provides the means to manage and report the readiness and general status data of Navy units to the national command authorities, the Office of the Secretary of Defense (OSD), the Joint Chiefs of Staff, the CNO, fleet commanders, and other operational commanders. All Navy forces reporting readiness are to be aligned and interoperable with DRRS-N in support of the reference (k) requirements to share data, information, and information technology services.
Discuss the incorporation of embarked troops into the AT Program watch organization
Embarked Troops. Embarked troops must be incorporated into the AT Program watch organization per troop regulations. Each embarkation of troops is different and can bring certain expertise increasing the ship’s ability to detect and defend itself against terrorist acts. Troop use within the ship’s NSF organization must be detailed in Memorandum of Agreements (MOAs) or Memorandum of Understanding (MOU) and enclosed in the AT plan. As a minimum, MOAs or MOUs should specify chain of command policy, tactical control and communications policy, post requirements, arming requirements, and established PPRs for a joint force. Every effort must be made to ensure a blue and green fratricide situation does not occur.
Discuss the In-port Security Plan
Ships typically develop in-port security plans (ISPs) whenever entering a port not located within a United States (U.S.) Navy installation. These plans supplement the standing antiterrorism (AT) protection plans by providing event-specific concept of operations and procedures, and require the integration of multiple afloat units and other assets. Numbered fleet commands have developed standing ISPs that are directive in nature and available to all U.S. Navy/United States naval ship vessels entering foreign ports. The format is similar to the five- paragraph (situation, mission, execution, administration and logistics, command and signal) format common to all U.S. military services, with contingency procedures replacing administration and logistics, and command and signal.
Discuss the Directed In-port Security Plan (DISP)
The directed inport security plan (DISP) is issued to provide guidance to assigned units when in port at Navy-controlled ports/installations. The DISP is designed to integrate and align afloat security forces with installation security forces in support of the installation protection plan. The DISP identifies posts, positions, weapons requirements, and other security-related information for ships/units within a specific Navy-controlled port.
Directed inport security plans and integrated PPRs are developed by the installation. Directed inport security plans are reviewed, approved, and issued to ships by the numbered fleet and regional commanders. The DISP outlines preapproved security measures and/or actions for afloat units within specific Navy-controlled ports, to ensure unity of effort between afloat units and installations meet a prescribed FP posture.
Navy regional commanders are designated as supported commanders reporting to United States Fleet Forces Command (USFF)/United States Pacific Fleet (USPACFLT) for all operational matters related to the protection of afloat units within their AOR’s Navy-controlled ports.
Installation commanding officers will provide guidance to afloat units regarding integration of their afloat security posts/positions. Installation commanding officers exercise TACON for FP over afloat unit AT watch standers integrated into an installation security force as specified in the DISPs (e.g., pier ECP and picket boat). Proper integration of AT watches is paramount in the elimination of gaps, seams, and reduction of blue on blue engagement, and collateral damage.
In accordance with the Navy-wide AT operational tasking (message), the ICO retains final approval authority over implementation of all afloat measures that may impact installation protection plans or installation FP posture.
Discuss the minimum required PPRs for afloat units
PPRs outline approved actions that the watch stander or unit will automatically take in response to a specific threat. Per references (e) and (m), afloat units must incorporate PPRs into their AT Plans for the following threats:
pier).
a. Surveillance.
b. Protest or Demonstration.
c. ECP Penetration
d. PCIED.
e. VBIED.
f. Suspicious Package.
g. Bomb Threat.
h. Active Shooter.
i. Small Boat Probe.
j. Small Boat Attack.
k. Floating Object.
l. Swimmer Attack.
m. Standoff Attack.
n. Light Aircraft Attack.
o. Chemical Biological Radiological Nuclear (CBRN) Assault
p. Hostage Situation.
q. Counter Unmanned Aerial Systems (C-UAS).
r. Confrontation with Unidentified Persons.
Discuss response force composition and response times
The SRF must be manned per Table 1-1, must have small arms issued, and deploy from issue area (i.e., armory or Ready for Issue (RFI) locker) within 5 minutes of the sounding of an alert. The intent of SRF is to be the first on scene, establish perimeter of the incident, and isolate the situation, with the exception of during an active shooter event. In an active shooter event, SRF are to immediately engage and neutralize the threat.
(2) BRF. The BRF must be manned per table 1-1, must have small arms issued, and deploy from issue area (armory or RFI Locker) within 10 minutes of the sounding of an alert. The intent of BRF is to have the capability of searching internal and external spaces, removing unauthorized personnel from spaces and ceasing any further illegal actions.
(3) RF. The RF must be manned per Table 1-1, must have small arms issued, and deploy from issue area (armory or RFI Locker) within 10 minutes of the sounding of an alert. The intent of RF is to reinforce positions and provide additional support as needed to SRF and BRF.
UCMJ Article 31 and the Fifth Amendment
Both UCMJ Article 31 (for military personnel) and the Fifth Amendment to the U.S. Constitution (for civilian personnel) protect an individual from being compelled in any criminal case to be a witness against him/herself.
Person subject to the UCMJ
Specifically, a person subject to the UCMJ who is required to give warnings under Article 31 may not interrogate or request any statement from suspects or persons suspected of an offense without first advising individuals of their rights.
Questions before a warning is given
NSF may question an individual without a warning up to the point where they suspect the
individual may have committed a crime.
a. NSF may ask an individual the following administrative questions without providing a warning: name, social security number, duty station and/or address, date of birth, height, rank (if military), weight, etc.
b. An appropriate warning must precede any incriminating questions.
Documenting the warning
Military Suspect’s Acknowledgement and Waiver of Rights will be used to document the military subject’s waiver of rights. This form also provides space at the bottom to begin a written statement. A written statement must always begin on the same page as the waiver of rights.
Civilian personnel: rights advisement
(1) Civilian personnel suspected of an offense should be provided with a Miranda warning if they are in custody or otherwise deprived of freedom of action in any significant way.
(2) The point at which a civilian is suspected of an offense is the same as for military personnel.
(3) The warning must be given by LE or investigations personnel.
(4) Civilian Suspect’s Acknowledgement and Waiver of Rights will be used to document the civilian subject’s waiver of rights. This form also provides space at the bottom to begin a written statement. A written statement must always begin on the same page as the waiver of rights.
(5) A civilian warning must be given to a juvenile in terms that he or she can understand. The warning should be given in the presence of a parent or guardian, if at all possible. If a parent or guardian is not present, ensure that an advocate is present while the juvenile is advised of his or her rights.
Foreign countries
In most foreign countries where the United States maintains military facilities, foreign nationals (citizens of that country or another foreign country) who commit an offense against the property of the United States or against the person or property of members of the Armed Forces located at the activity are not subject to the laws of the United States. However, with respect to U.S. Naval Station Guantanamo Bay, which is part of the Special Maritime and Territorial Jurisdiction of the United States as defined at 18 U.S.C. 7(3), foreign nationals can be prosecuted for violations of U.S. law committed there.
(2) Suspects who are foreign nationals should be warned or advised IAW the procedures that control such advice in the country where the base is located. Such situations are extremely sensitive, and specific guidance shall be obtained from the local SJA before any process of apprehension occurs. SOFAs may also apply.
(3) Do not question non-English-speaking U.S. citizens or foreign visitors until their level of understanding of their rights can be fully ascertained. Call the SJA for guidance in any cases where there are questions.
Cleansing warning
When a suspect has made incriminating statements in response to questioning by NSF, a
command representative, or other personnel during questioning/interrogation without a warning of rights beforehand, or when it is suspected that an existing criminal admission was improperly obtained from a suspect, the suspect must be advised that the previous admission cannot be used against him or her in a trial by court martial or other court of law. A “cleansing warning” must be provided to the suspect (e.g., “I advise you that any prior admissions or other improperly obtained evidence which incriminated you cannot be used against you in a trial by court-martial or other court of law”), as appropriate. But in the case of an unsolicited statement or spontaneous utterance (i.e., not in response to interrogation or questioning), a cleansing warning would not be required or even desirable (from the government’s perspective). This statement will be acknowledged at the bottom of the appropriate rights advisement form. Prior questionable admissions made by a suspect must be completely documented, to include particulars about previous warnings. This information shall be included in the investigative report and any documents pertaining to the report.
Protection of the NSF member: rights advisement
NSF may ask questions of a suspect without a warning for the NSF’s personal security if the suspect may have information relative to the scene of the incident, knowledge of which could protect the NSF member.
Witness or victim
A witness or victim of a crime will not be provided with a military or civilian warning of rights. If, during an interview, a witness or victim is reasonably suspected of an offense or of making false statements, then appropriate warnings should be given at that time.
Definition of search
A search is an examination of a person, property, or premise to uncover evidence of a crime or criminal intent (e.g., stolen goods, burglary tools, weapons, etc.). Search and seizure includes the procedures to obtain authorization for searches; documentation requirements for authorization and evidence; determination of the scope of a search and articles subject to search and seizure; suspect rights; rights to privacy; body searches; conducting entry; identification, automobile, area, and consent searches; search procedures; safety and security measures; and chain of custody. NSF may conduct searches of persons, property, or areas within jurisdictional limitations. General information on search and seizure is found in the MCM. Up-to-date information may be obtained from the SJA or the servicing region legal service office. With few exceptions, evidence obtained in an illegal search is inadmissible at a court- martial.
Purpose of Inspections
Examinations to Locate and Confiscate Weapons or Contraband.
(A) An inspection may include an examination to locate and confiscate unlawful weapons and other contraband provided that the criteria set forth in subdivision (b)(3)(B) are not implicated.
(B) The prosecution must prove by clear and convincing evidence that the examination was an inspection within the meaning of this rule if a purpose of an examination is to locate weapons or contraband, and if:
(i) The examination was directed immediately following a report of a specific offense in the unit, organization, installation, vessel, aircraft, or vehicle and was not previously scheduled;
(ii) Specific individuals are selected for examination; or
(iii) persons examined are subjected to substantially different intrusions during the same examination.
Inventory
Lawful Inventories. An “inventory” is a reasonable examination, accounting, or other control measure used to account for or control property, assets, or other resources. It is administrative and not prosecutorial in nature, and if applicable, the inventory must comply with Mil. R. Evid. 312. An examination made for the primary purpose of obtaining evidence for use in a trial by court-martial or in other disciplinary proceedings is not an inventory within the meaning of this rule.
Exemptions from inspection
Federal agents (i.e., Federal Bureau of Investigation, U.S. Secret Service, NCIS, Central Intelligence Agency, Defense Intelligence Agency, Army Criminal Investigation Division, and Air Force Office of Special Investigations) when conducting official business, upon presentation of their special agent credentials when entering or leaving Navy activities, are exempt from administrative inspections. This exemption includes vehicles used by them in the course of official business and all occupants therein
Intermediate, administrative, and complex vehicle inspections
a. Administrative inspection. A vehicle inspection that includes the verification of occupant identity and, in the case of commercial vehicles, the verification of delivery documents (e.g., bill of lading). These tasks may be satisfied by official access lists and other accepted documents.
b. Intermediate inspection of vehicles. As in administrative inspections, intermediate inspections must verify driver identity, cargo, and destination. Additionally, intermediate inspections are done to observe the entire vehicle exterior portions in plain sight, including under the vehicle. Limited questioning of drivers should take place during intermediate inspections. This level of inspection is used as a part of spot checks.
c. Complex inspection of vehicles. In addition to the requirements of the administrative and intermediate inspections, complex inspections are done to observe all exterior and interior vehicle spaces normally accessible without the use of special tools or destruction of the vehicle infrastructure. Nondestructive inspection of vehicle cargo and passenger areas is expected. This procedure includes physical observation of vehicle interior, including cargo spaces that may be sealed.
Special search situations
- Medical aid. NSF may conduct a search of persons or property in a good-faith effort to render immediate medical aid, to obtain information that will assist in the rendering of such aid, or to prevent immediate or ongoing personal injury.
- Search of and by the opposite gender. Searching members of the opposite gender and premises occupied by members of the opposite gender is sensitive. Take certain precautions, carefully consider actions, and use common sense.
a. NSF may search outer garments (e.g., jackets, coats, etc.) and hand-carried items of a member of the opposite gender.
b. Regardless of the gender of the person being searched, conduct searches in the same manner. NSF or other military persons of the same gender conduct the search unless an urgent safety or security need exists.
c. NSF may conduct a search of premises exclusively occupied by members of the opposite gender. It is recommended but not required that NSF or military personnel of the same gender as the occupants of the premises be present during the search.
d. When possible, NSF should avoid conducting searches of personnel of the opposite gender. However, if such searches are required, ensure there is at least one witness present 4. Procedure
a. Notice. If, after a preliminary inquiry (see R.C.M. 303), the nonjudicial punishment
authority determines that disposition by nonjudicial punishment proceedings is appropriate (see R.C.M. 306; paragraph 1 of this Part), the nonjudicial punishment authority shall cause the Service member to be notified. The notice shall include:
(1) A statement that the nonjudicial punishment authority is considering the imposition of nonjudicial punishment;
(2) A statement describing the alleged offenses including the article of the code— which the member is alleged to have committed;
(3) A brief summary of the information upon which the allegations are based or a statement that the member may, upon request, examine available statements and evidence;
(4) A statement of the rights that will be accorded to the Service member under subparagraphs 4c (1) and (2) of this Part;
(5) unless the right to demand trial is not applicable (see paragraph 3 of this Part), a statement that the member may demand trial by court-martial in lieu of nonjudicial punishment, a statement of the maximum punishment which the nonjudicial punishment authority may impose by nonjudicial punishment; a statement that, if trial by court-martial is demanded, charges could be referred for trial by summary, special, or general court-martial; that the member may not be tried by summary court-martial over the member’s objection; and that at a special or general court-martial the member has the right to be represented by counsel.
b. Decision by Service member.
(1) Demand for trial by court-martial. If the Service member demands trial by court-
martial (when this right is applicable), the nonjudicial proceedings shall be terminated. It is within the discretion of the commander whether to forward or refer charges for trial by court-martial (see R.C.M. 306; 307; 401–407) in such a case, but in no event may nonjudicial punishment be imposed for the offenses affected unless the demand is voluntarily withdrawn.
(2) No demand for trial by court-martial. If the Service member does not demand trial by court-martial within a reasonable time after notice under paragraph 4a of this Part, or if the right to demand trial by court martial is not applicable, the nonjudicial punishment authority may proceed under paragraph 4c of this Part.
c. Nonjudicial punishment proceeding accepted.
(1) Personal appearance requested; procedure. Before nonjudicial punishment may
be imposed, the Service member shall be entitled to appear personally before the nonjudicial punishment authority who offered nonjudicial punishment, except when appearance is prevented by the unavailability of the nonjudicial punishment authority or by extraordinary circumstances, in which case the Service member shall be entitled to appear before a person designated by the nonjudicial punishment authority who shall prepare a written summary of any proceedings before that person and forward it and any written matter submitted by the
Service member to the nonjudicial punishment authority. If the Service member requests personal appearance, the Service member shall be entitled to:
(A) Be informed in accordance with Article 31(b);
(B) Be accompanied by a spokesperson provided or arranged for by the member unless the punishment to be imposed will not exceed extra duty for 14 days, restriction for 14 days, and an oral reprimand. Such a spokesperson need not be qualified under R.C.M. 502(d); such spokesperson is not entitled to travel or similar expenses, and the proceedings need not be delayed to permit the presence of a spokesperson; the spokesperson may speak for the Service member, but may not question witnesses except as the nonjudicial punishment authority may allow as a matter of discretion;
(C) Be informed orally or in writing of the information against the Service member and relating to the offenses alleged;
(D) Be allowed to examine documents or physical objects against the Service member that the nonjudicial punishment authority has examined in connection with the case and on which the nonjudicial punishment authority intends to rely in deciding whether and how much nonjudicial punishment to impose;
(E) Present matters in defense, extenuation, and mitigation orally, or in
writing, or both;
(F) Have present witnesses, including those adverse to the Service member, upon request, if their statements will be relevant and they are reasonably available. For purposes of this subparagraph, a witness is not reasonably available if the witness requires reimbursement by the United States for any cost incurred in appearing, cannot appear without unduly delaying the proceedings, or, if a military witness, cannot be excused from other important duties;
(G) Have the proceeding open to the public unless the nonjudicial punishment authority determines that the proceeding should be closed for good cause, such as military exigencies or security interests, or unless the punishment to be imposed will not exceed extra duty for 14 days, restriction for 14 days, and an oral reprimand; however, nothing in this subparagraph requires special arrangements to be made to facilitate access to the proceeding.
(2) Personal appearance waived; procedure. Subject to the approval of the nonjudicial punishment authority, the Service member may request not to appear personally under subparagraph 4c (1) of this Part. If such request is granted, the Service member may submit written matters for consideration by the nonjudicial punishment authority before such authority’s decision under subparagraph 4c (4) of this Part. The Service member shall be informed of the right to remain silent and that matters submitted may be used against the member in a trial by court-martial.
(3) Evidence. The Military Rules of Evidence (Part III), other than with respect to privileges, do not apply at nonjudicial punishment proceedings. Any relevant matter may be considered, after compliance with subparagraphs 4c (1)(C) and (D) of this Part.
(4) Decision. After considering all relevant matters presented, if the nonjudicial punishment authority—
(A) Does not conclude that the Service member committed the offenses alleged, the nonjudicial punishment authority shall so inform the member and terminate the proceedings;
(B) Concludes that the Service member committed one or more of the offenses alleged, the nonjudicial punishment authority shall: (i) so inform the Service member; (ii) inform the Service member of the punishment imposed; and (iii) inform the Service member of the right to appeal (see paragraph 7 of this Part).
d. Nonjudicial punishment based on record of court of inquiry or other investigative body. Nonjudicial punishment may be based on the record of a court of inquiry or other investigative body, in which proceeding the member was accorded the rights of a party. No additional proceeding under subparagraph 4c (1) of this Part is required. The Service member shall
be informed in writing that nonjudicial punishment is being considered based on the record of the proceedings in question, and given the opportunity, if applicable, to refuse nonjudicial punishment. If the Service member does not demand trial by court-martial or has no option, the Service member may submit, in writing, any matter in defense, extenuation, or mitigation, to the officer considering imposing nonjudicial punishment, for consideration by that officer to determine whether the member committed the offenses in question, and, if so, to determine an appropriate punishment.
Completion of DD Form 2760
Completion of DD Form 2760, Qualification to Possess Firearms or Ammunition. Personnel convicted of a misdemeanor crime of domestic violence as described on this form are not authorized to possess firearms or ammunition. Screening must be conducted upon the member’s check-in, unless circumstances or information dictate conducting another screening.
Completion of AA&E screening
Personnel assigned to duties involving control of or unescorted access to AA&E must be screened. This includes all personnel that are issued firearms. The AA&E screening will be conducted by the Security Officer, AA&E Accountability Officer, AA&E Officer, or another officer designated in writing by the commanding officer. The screener must examine the candidate’s service record, conduct an interview and document the interview using enclosure (6). The interview will take place after the service member’s medical record has been reviewed by an Independent Duty Corpsman (IDC), doctor, or nurse practitioner. The screener and personnel being screened must sign enclosure (5) on the same date. The screening officer must determine if the candidate is mature, stable, and demonstrates the willingness and capability to be responsible and accountable for the AA&E they possess. Determination of which traits and actions are disqualifying are at the discretion of the CO. Rescreening is required annually or when circumstances indicate a review is prudent. Previously used screening forms prior to the date of this instruction remain valid and must be maintained for a period of three years.
Medical record screening
Medical records must be screened upon initial check-in by an Independent Duty
Corpsman (IDC), doctor or nurse practitioner. The screener must determine if the candidate possesses any disqualifying factors such as emotional, mental or personality disorders or physical restrictions which may cause impairment to judgment, reliability, or stability. Medical screenings will be documented by using enclosure (6). Per reference (c), waivers and exceptions may be granted by the candidate’s CO and will be forwarded via the chain of command to the Navy Bureau of Medicine Office of Qualifications and Standards for review and tracking. CO granting waivers and exceptions will retain all relevant documents to include correspondence with medical personnel. Approved waivers and exceptions will be maintained in the medical records.
Use of force training
Initial use of force training is required to be administered and documented prior to assignment to an armed watch, and semi-annual thereafter.
Live fire course
. After
each live fire event the OPNAV form 3591/1 and 3591/2, small arms and machine gun qualification documents, will be used and must be filed out correctly. Only use the PDF version of the 3591/1 and 3591/2 forms which is shown in enclosure (7) and at https://navalforms.documentservices.dla.mil/web/public/forms. Only Range Safety Officers (RSO), per reference (c) and designated by the CO, may sign these forms. The RSO should print as well as sign their name for ease of identification.
Discuss AA&E storage afloat requirements
Armories, magazines, and topside lockers aboard ship will be constructed as indicated in the next paragraphs and be capable of being secured to meet storage requirements for Category II AA&E. All AA&E assigned a security risk category will be stored in armories, magazines, or topside lockers as appropriate. Category I AA&E storage spaces with IDS protection will be checked at least every 24 hours; without IDS, they will be physically checked randomly within 4-hour periods at sea, and randomly within 1-hour periods in port.
a. Ready For Issue (RFI) AA&E may be secured as specified in the RFI paragraph in chapter 3 in lieu of the structural requirements detailed in this chapter.
b. All ammunition and explosives for use during exercises and operations at sea, including that used for safety or lifesaving (except that which is a permanent element of life saving equipment, e.g., life raft pyrotechnics) stored in ready service lockers without high security features will be returned to secure storage upon return to port.
c. Storage of all ammunition and explosives is subject to established explosive safety and compatibility requirements contained in NAVSEA OP 4 “Ammunition Afloat.”
Discuss AA&E afloat inventory procedures
inventories of arms and Category I items will be conducted upon relief of the commanding officer; upon relief of the department head responsible for the items; and upon commissioning or deactivation.
b. The ship will maintain a current inventory of all AA&E on board. Partial or open containers of ordnance will be inventoried by piece count, noted on the container, then resealed or banded so that daily magazine inspections may readily detect unauthorized entry.
Discuss Ready for Issue (RFI) AA&E storage
Arms and ammunition may be stored together only for security personnel or response personnel. Security force RFI AA&E storage areas are not required to have a high security locking device, IDS, an AIB, or meet construction standards provided the following conditions are met:
a. The minimum amount of weapons and ammunition necessary for the mission are stored in the RFI, and they are kept in a locked container, standard or locally-made arms rack, or area.
b. An armed guard or watch stander, with communication equipment to summon assistance, is within sight of the storage container or area(s) at all times;
c. The guard or watch standers’ other duties, such as monitoring alarms, must not interfere with the ability to control access to the weapons;
d. The weapons storage container or area is inventoried at each change of watch or whenever the container is opened; and
e. Access to the area is strictly limited.
