discipline Flashcards
ch 8 CG REGS
All persons in the CG shall acquaint themselves with, obey, and so far as their authorities extends, enforce the laws, regulations, and orders relating CG. Absent of instructions, act accordingly with public interest with the customs of the service.
Duties relative to laws, regulations, and order.
CG member shall show subordination, courage, zeal, sobriety, neatness, and attention to duty. Maintain good order discipline and efficiency of the command.
Conduct of persons in the CG
Discipline is set by the ? by their own attention to duty, personal influence, tact, and discretion. Show honor, patriotism, subordination, and fidelity to their oaths of office, respecting all persons under their authority.
Set by the OIC/CO
If a member commits a crime at a shore unit are subject to who? If a member commits a crime he may be pursuant to provisions of the ?
Federal Law those penal laws of the state, territory, or district in which the unit is located. UCMJ
provides commanding officers with the authority to impose NJP without resorting to the judicial forum of a court-martial. NJP may also be referred to as Captain’s Mast,
article 15 ucmj WHICH IS CALLED NON JUDICIAL PUNISHMENT
The power to impose NJP is inherent in the position and not in the individual. Any officer formally appointed to temporarily replace the commanding officer due to the absence of the assigned commanding officer because of death, incapacitation, illness, TAD assignment, relief for cause, or leave has the power of the assigned commanding officer to impose punishment. However, the maximum punishment that may be imposed by the mast authority is limited by the rank of the successor.
Acting commanding officer.
? will be appointed to assist the member in preparing for and participating in the mast proceedings, unless the member affirmatively declines appointment of a mast representative. The representative should be an officer or petty officer and must, if practicable, be attached to the unit of the commanding officer conducting the mast. The mast representative serves primarily to assist the member in preparing for and presenting the member’s side of the matter and to speak for the member, if the member desires.
Mast representative.
Entitlement. In lieu of a mast representative, the member may elect to be accompanied at mast by a spokesperson. A ? is different from a mast representative and does not perform the same role at a mast. A ? does not have to be a crewmember or even a member of the Coast Guard, and may be an attorney retained by the member. At the sole discretion of the commanding officer, a member may be accompanied by an assigned mast representative in addition to the ?.
Spokesperson
who can give the max punishment of 14 days restriction, 14 days extra duty(E6 and below) and 3 days Forfeiture of pay?
OIC
The Administrative corrective measures generally fall into three categories?
extra military instruction,
administrative withholding of privileges,
and nonpunitive censure.
A commanding officer who receives a report alleging that any of the following offenses were committed is prohibited from initiating a command-level investigation into these allegations:
Article 120(a), UCMJ, rape;
(ii) Article 120(b), UCMJ, sexual assault;
(iii) Article 120(c), UCMJ, aggravated sexual contact;
(iv) Article 120(d), UCMJ, abusive sexual contact;
(v) Article 120b(a), UCMJ, rape of a child;
(vi) Article 120b(b), UCMJ, sexual assault of a child;
(vii) Article 120b(c), UCMJ, sexual abuse of a child;
(viii) Article 125, UCMJ, forcible sodomy; and
(ix) Article 80, UCMJ, attempts to commit offenses listed in (i)-(viii).
Who shall designate a preliminary investigation officer?
CO/OIC orally or in writing
contact legal if you can’t assign a PIO document on a cg 4910
What services does a PIO provide for the member ?
provides critical advice on developing an investigation plan, obtaining evidence, documenting witness statements, providing rights advisements, and applying the rules of evidence.
Rights warning. Under Article 31(b), UCMJ also called the Miranda/Tempa rights states?
a military member suspected of an offense may not be questioned unless he or she is informed of the nature of the offense, advised that he or she does not have to make a statement, and informed that any statement made may be used as evidence. The PIO must advise the person named as the suspect of the investigation of his or her rights under Article 31(b), UCMJ, before asking that person any questions. UCMJ and Miranda/Tempia Rights, Form CG-5810E should be used.
If a member is attached to a vessel do they have the right to refuse NJP?
Will only receive NJP
If a member is attached a shore unit?
a member has the right to request Court martial instead of NJP.
Can OIC reduce rank?
Reduction in pay grade. Only E-6 and below may be reduced at mast. The maximum reduction in pay grade at mast, regardless of the rank of the commanding officer imposing punishment or the rank of the member facing NJP, is to the next inferior pay grade. Only commissioned officers serving as mast authority may reduce an enlisted member; officers-in-charge may not.
What do you do if a member gets arrested?
OIC shall state the facts on a Notifications of civil arrest shall be made using Personnel Security Action, Form CG-5588. notify Next of Kin to parents if under 21 report any civil conviction shall be submitted to Commander (CG PSC-OPM)
Emergency Situations. Situations arise periodically which demand that a commanding officer immediately restrain a member to prevent?
loss of life, injury to their person or others or serious loss of property. Where local circumstances warrant such short-term (normally not more than 24 hours) restraint may be accomplished in a civilian jail.
what is the report of Offense and Disposition, often called the Booking Chit?
CG- 4910, is often the first step in the (education) NJP process. CG-4910 provides a step-by-step approach to document the actions taken by the command
Who normally designates a member of the command to conduct a preliminary inquiry?
The XPO
what can a (PIO) Preliminary inquiry officer usually offer to the OIC?
- Closure
- NJP
- UCMJ
- other Administrative measures
Can a member appeal NJP, if so how many days?
5
Can you as the OIC demand a search?
as long as you have Probable cause, and seek help from legal.
What is article 138?
Complaint against OIC/CO, and you have 30 days to redress the issue.
What are your steps in the booking process?
CG-4910
Designate a PIO- orally or writing
contact legal for support
What is the difference between unacceptable relationships and prohibited?
Unacceptable- supervisor and subordinate, members less than 60, same cutter, E7,8,9 cant date E4 and below.
Prohibited usually violates the UCMJ- sex on cutter/shore unit, romantic relationships outside marriage, instructors/members,
What is the process for filling out a CG 3307 administrative remarks form?
original is filed in the SPO PDR, and the copy is mailed to Commander, Personnel Service Center
Driving Under the Influence (DUI).
Commands must take a firmer stand on the impacts of DUI on a member’s career and spell out the implications of a DUI. Administrative discharge proceedings will be initiated for:
(a) Any member who is convicted by court-martial, or on whom non-judicial punishment is imposed for drunken or impaired operation of a vehicle, aircraft, or vessel.
(b) Any member who refuses to take a blood alcohol test by a recognized authority for suspicion of drunken or impaired operation of a vehicle, aircraft or vessel.
(c) A situation where the member’s commanding officer has made a written finding setting forth the facts of the matter and that based on a preponderance of the evidence, the member was drunk or impaired while operating a vehicle, aircraft, or vessel in violation of federal, state, or local law
What is the (SECB) Senior Enlisted Continuous Board Policy?
Military Separations, COMDTINST M1000.4 was announced in ACN 039/17, identifying the new Senior Enlisted Continuation Board (SECB) policy. The SECB is designed to work in concert with the active duty High Year Tenure (HYT) policy as workforce management tools to manage our enlisted workforce.
Only members in paygrades E-7 to E-9 are subject to SECB, and members shall become candidates when they meet the following criteria on 31 DEC of each year:
(1) Greater or equal to 20 but less than 21 years time in service (2) Greater or equal to 25 and less than 26 years time in service
CO/OIC must identify and eliminate substance abuse by creating what?
a. low tolerance for drinking
b. Command drug and alcohol representative and Urinalysis coordinator.
When will you administer a urinalysis at your unit?
CO/OICs must ensure random testing is done 120% of the unit personal assignment list (PAL).
All personal will be randomly tested once per year, and tested 30% of the unit quarterly.
What form is filled out and sent out with your urinalysis test?
The original DD Form 2624 is the only document authorized for use in submission of urine specimens to the laboratory. Ensure the information on the form is accurate.
Once you have your box of 12 and no more than 500 milliliters taped up, who do you send the specimen to?
Tripler Army medical center FTDTL
1 Jarret wright road bld 40 2nd floor
Tripler AMC, HI 96859
What is considered driving under the Influence?
refers to drunken or impaired operation of, or physical control of, a motor vehicle, aircraft, or vessel.
BAC of .08% or higher
Do you have the right to restrict personal from driving privileges?
yes, when a person has been lawfully apprehended by civil or military authorities for DUI, refused a BAC test, or has been subject to disciplinary actions by civil or military authorities for DUI.
a. duration is one year for first offense 2 yrs for offense where case warrant
b. Extent of restrictions - may involve total suspension of driving privileges.
C. Member must be aware of driving privilege restrictions in writing on 3307 and put into EI-PDR.
D. Members convicted of a DUI must complete a Driver Improvement Course
What is considered an alcohol incident?
a. CO/OIC determines by a preponderance of evidence that alcohol was used.
b. member has to consume alcohol to be incident.
c. member who provides alcohol to an underage military member must be awarded AI, regardless of whether the alcohol is consumed.
The first time a member receives an AI CO/OIC must ensure counseling is conducted,
sign by OIC and documented on Cg- 3307
If a member E-2 and below with more than 2 yrs of service receives an AI?
pay grade E-2 and have more than two years of Coast Guard service must be processed for separation by reason of unsuitability due to an alcohol incident.
If a member is processed for discharge for an AI then the 3307 must be sent to ? for discharge
Enlisted Members Entitled to an Administrative Discharge Board (ADB). For those entitled to an ADB, the CO/OIC must forward the discharge request, including everything short of convening a Board to Commander (CG PSC-EPM). If Commander (CG PSC-EPM) determines that the command’s discharge request is complete, Commander (CG PSC-EPM) will return the package to the command with approval to proceed.
Your member is popped with a positive urinalysis what do you do?
- COs/OICs must promptly notify and consult with the regional Coast Guard Investigative Service (CGIS) office regarding the specific incident circumstances.
How is steroid testing determined?
Steroid Testing. The urinalysis program includes anabolic steroid testing for probable cause and criminal investigation. Random testing and unit sweeps are not authorized and all requests are subject to Commander (CG-PSC-PSD-FS) approval.
How Many Offenses Exist Under Article 134?
There are currently 54 separate criminal offenses listed under Article 134 of the UCMJ. The crimes range from animal abuse and kidnapping to carrying a concealed weapon, i.e., they are incredibly broad in scope and sentencing.
What Is Article 90 of the UCMJ?
UCMJ governs the conviction and sentencing of any service member that assaults or willfully disobeys a commissioned officer. To convict a service member, the prosecution must prove beyond a reasonable doubt that the accused perpetrated one of two criminal acts stipulated under
What Is Article 91 of the UCMJ?
(1) Striking or assaulting warrant, noncommissioned, or petty officer.
(2) Disobeying a warrant, noncommissioned, or petty officer.
(3) Treating with contempt or being disrespectful in language or deportment toward a warrant, noncommissioned, or petty officer
What Is Article 112 of the UCMJ?
Found drinking or drunk on duty
What Is Article 118 of the UCMJ?
Murder, unlawful or intent on others
What Is Article 120 of the UCMJ?
Rape