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March 2016 YN1/E6 Exam > JAGINST 5800.7F, CH 1 & 2 > Flashcards

JAGINST 5800.7F, CH 1 & 2 Flashcards

1
Q

EMI is limited to _____________ hours

A

2 Hours.

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2
Q

True or False. EMI can be assigned outside of working hours for active duty and inactive duty personnel.

A

True for Active Duty. False for Inactive Duty.

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3
Q

What day can EMI not be assigned?

A

On the member’s Sabbath. Except in cases of members of the Naval or Marine Corps Reserve performing inactive training or annual training for a period of less than 7 days, if reasonable accommodation can be made, extra duty shall not be performed on the member’s Sabbath, although the member’s
Sabbath counts in the computation of the period for which such punishment is imposed.

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4
Q

What, if any, is the paygrade authorized to assign EMI during working hours?

A

No paygrade restrictions exist. However, “it is an
inherent part of that authority over their subordinates that is vested in officers and noncommissioned/petty officers in connection with duties and responsibilities assigned to them.” In other words, should be properly handled by officers or NCOs.

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5
Q

What, if any, is the paygrade authorized to assign EMI after working hours?

A

CO/OIC (can be delegated)

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6
Q

Give at least three examples of privileges that

may be temporarily withheld as administrative corrective measures.

A

Special liberty; exchange of duty; 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. (Whoever is the final authority of granting that privilege, must be the one to deny it, unless it is delegated)

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7
Q

True or False. Removal of normal liberty may be used as a punishment.

A

False. Deprivation of normal liberty as a
punishment, except as specifically authorized under the UCMJ, is illegal. CO/OIC can deprive liberty as the specific result of punishment imposed under Article
15, UCMJ, or as the result of the sentence of a court-martial.

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8
Q

________ is a statement of adverse opinion or criticism of an individual’s conduct or performance of duty expressed by a superior in the member’s chain-of-command.

A

Censure.

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9
Q

True or False. NJP may be imposed upon midshipmen or cadets.

A

False. Nonjudicial punishment is not authorized for midshipmen or cadets.

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10
Q

True or False. NJP can be delegated.

A

True. With the express prior written approval by the
Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, a flag or general officer in command may delegate all or a portion of his powers under Article 15, UCMJ, to a senior officer on his staff
who is eligible to succeed to command in case of absence of such officer in command.

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11
Q

UCMJ Article 15, NJP, is known as ______ (Navy) and _______(Marine Corps)

A

(1) Captain’s Mast

(2) Officer Hours

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12
Q

Do members have a right to demand trial by court-martial in lieu of nonjudicial punishment?

A

Yes, but only if not attached to or embarked in a vessel.

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13
Q

If a member assigned to a squadron embarked to a ship is subject to NJP, which CO imposes the NJP, the CO of the squadron or the CO of the ship to which embarked?

A

The CO of the ship. However, the CO of the ship may authorize the CO of the squadron to impose NJP.

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14
Q

If a unit is embarked a ship for transportation only and a member of that unit is to have NJP imposed, which CO imposes NJP, the CO of the unit or the CO of the ship?

A

The CO of the unit. However, CO of the ship can impose NJP in unusual cases concerning incidents occurring onboard the ship.

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15
Q

True or False. Prior to the imposition of nonjudicial punishment, the accused has a right to consult with counsel.

A

False. Though COs are encouraged to permit an accused to consult with consult given the immediate availability of counsel, the delay involved, and operational commitments or military exigencies, it is not the member’s right.

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16
Q

True or False. Prior to the imposition of nonjudicial punishment, the accused has a right to consult with a laywer.

A

False. Article 15, UCMJ, and Part V, MCM, afford no right to consultation with a lawyer prior to imposition of nonjudicial punishment.

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17
Q

If punishment is imposed after NJP, accused should sign what document?

A

Acknowledgment of Appeal Rights

18
Q

Restriction, with or without suspension from duty, imposed upon commissioned and warrant officers under paragraph 5b(1)(A) of Part V, MCM, may not exceed ___________ days when imposed by a CO below the grade of major or lieutenant commander.

A

15 consecutive days

19
Q

Correctional custody shall not be imposed on persons

in paygrade ___________________.

A

E-4 and above.

20
Q

Confinement on bread and water or diminished rations shall only be imposed on persons who are (1) __________ (2) in paygrade _______. This punishment
is authorized when the punishment also includes an unsuspended reduction to paygrade _________.

A

(1) Attached to or embarked in a vessel.
(2) E-3 or below.
(3) E-3 or below.

21
Q

Navy personnel in the paygrade of _______ and Marine Corps personnel in the paygrade of _______may not be reduced in paygrade.

A

(1) E-7 or above.

(2) E-6 or above.

22
Q

A CO or OIC serving in the grade of _________ may not reduce enlisted personnel under any
circumstances.

A

W-1 through CWO-5.

23
Q

Can a Reserve member be ordered to active duty for the sole purpose of serving restriction?

A

Yes, but only by Secretarial approval (uncommon).

24
Q

What three things cannot be imposed on Reserve component personnel on inactive duty training?

A

Correctional custody, extra duties, and arrest in quarters.

25
Q

Pay subject to forfeiture refers only to _____ pay, plus __________ pay.

A

basic & sea or hardship duty

26
Q

If a member is on suspended reduction and the suspension is vacated at a later day, what is the effective date?

A

The date the NJP Punishment Proceedings took places (when he/she was originally awarded the punishment) NOT on the date the suspension was vacated.

27
Q

What happens if a member receives forfeiture of pay punishment while already under a prior punishment of forfeiture of pay?

A

The prior punishment will be completed before the new one begins.

28
Q

What happens if a member goes UA prior to execution of an imposed punishment?

A

Member’s punishment (forfeitures, restriction, etc.) pauses and continues upon member’s return.

29
Q

Which punishment can be imposed, even if member is UA?

A

Reduction in rate.

30
Q

COs and OICs may, when adequate facilities are not available or when the exigencies of the service require,
defer execution of restriction, correctional custody or confinement on bread and water or diminished rations, for a reasonable period of time, not to exceed _____ days.

A

15 days.

31
Q

Admonition imposed as nonjudicial punishment is considered non-punitive/punitive.

A

Punitive

32
Q

True or False. Punitive admonition imposed on enlisted persons may be either written or oral.

A

True.

33
Q

Punitive admonition imposed on officers may be either written or oral.

A

False. For officers, punitive admonition must be in writing.

34
Q

What may be published in the plan of the day after the imposition of nonjudicial punishment?

A

The name, rate, offense(s), and disposition of the offender.

35
Q

NJP may be published in the plan of the day _____of the imposition of nonjudicial punishment or, if the punishment is appealed, within _____ of the date the appeal is denied.

A

(1) One month.

(2) One month.

36
Q

If the plan of the day is disseminated to other than military personnel, nonjudicial punishment results may be published but only _____________.

A

Without the name of the accused.

37
Q

If NJP Punishment is awarded on Monday, 1 February, what will be the last day of appeal?

A

5 February (Work days, no weekends, starting on the day punishment is awarded).

38
Q

An appeal from nonjudicial punishment imposed by a joint commander shall, in the case of Navy personnel, be made to _________________________

A

The nearest Navy Region Commander.

39
Q

Navy officer misconduct must be reported to _____________.

A

Navy Personnel Command (PERS-834).

40
Q

A __________ serves as an analytical tool to help a commander determine whether an investigation is warranted and, if so, how it should be conducted.

A

preliminary inquiry

41
Q

In such cases in where an incident does not warrant further investigation, a commander should nonetheless endorse the preliminary inquiry as an internal _____________ or _______________

A

“memorandum for the record” or “To: File.”

42
Q

What are the three types of administrative investigations?

A

(1) Command Investigation
(2) Litigation-Report Investigation
(3) Courts and Boards of Inquiry

March 2016 YN1/E6 Exam (20 decks)

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