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Section 2--Command Management > JAGMAN > Flashcards

JAGMAN Flashcards

1
Q

What are the limitations permitted with EMI? (8)

A
  • EMI must be logically related to correcting the deficiency
  • Not conducted for more than 2 hours per day
  • If outside of normal working hours, it will be conducted consecutively with that member’s workday.
  • EMI stops when the deficiency is corrected
  • No EMI on the member’s Sabbath
  • Not used to deprive the member of normal liberty
  • Any superior can withdraw the EMI from any of his supervising subordinates (DIVOs, CPOs, etc.)
  • Only the CO can authorize EMI outside of normal working hours. THIS AUTHORITY CANNOT BE DELEGATED WITHOUT APPROVAL FROM CNO
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2
Q

Discuss Administrative Withholding of Privileges.

A

Special privileges may be withheld as a punishment – special liberty, parking on base, using bae facilities, etc.

The final authority to withhold a privilege rests at the level of authority empowered to grant that privilege.

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3
Q

Is it legal to deprive a servicemember of liberty as a punishment?

A

NO

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4
Q

As the CO, what are the permittable reasons to take away a servicemember’s liberty?

A
  • Pre-trial restraint
  • Liberty-risk programs for the protection of foreign relations
  • If the Sailor is required to perform duties outside of normal working hours for operational readiness
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5
Q

What is a Censure?

A

A statement of adverse opinion or criticism of an individual’s conduct or performance of duty expressed by a superior in that individual’s chain of command.

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6
Q

What is Nonpunitive Censure?

A

A Censure that is delivered from a supervisor to a subordinate that conveys necessary information to remedy a deficiency in conduct or in the performance of duty. Includes:

  • Identification of the deficiency
  • Direction for improvement
  • Language of admonishment
  • ID of sources of assistance
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7
Q

Is a Nonpunitive Censure put into the individual’s official military record, normally?

A

Normally, no. IT stays between the superior and the recipient that is the subject.

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8
Q

What would cause the Nonpunitive Censure to be entered in an individual’s official military record?

A

The recipient

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9
Q

Can a superior reference the NC in a performance evaluation?

A

No, but the superior can refer to the facts or circumstances that related to the NC.

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10
Q

Let’s say that the recipient does not fix the deficiency. What can the commander do?

A

The superior can utilize the facts underlying a nonpunitive letter to support:

  • Detachment for cause
  • Relief of command
  • Support a negative endorsement
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11
Q

Is there a point in time where the Department of the Navy could release the NC to the public?

A

Yes, if it is in the best interest of the Navy to publically disclose proof of holding its senior officers accountable

***The recipient of the NC must consent to the release to the public

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12
Q

Who has the right to refuse NJP? If NJP is refused, what must the servicemember do?

A

Any member of the armed forces who is not attached to or embarked in a vessel. If refused, they must request a Trial by Court Martial.

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13
Q

Who does not have the right to refuse NJP?

A

Any member of the armed forces who is attached to or embarked in a vessel – regardless of if they are permanently or temporarily attached

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14
Q

Can someone be ordered to a vessel solely for the purpose of limiting the ability to refuse NJP?

A

No.

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15
Q

If a unit is attached to your ship and that unit has an OIC or CO of their own that’s also embarked, and the ship is at sea, then can that unit’s OIC or CO hold NJP?

A

Only if the CO of the embarked ship authorizes the unit’s CO/OIC.

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16
Q

Does that policy include Military Sealift Command ships?

A

No. The CO/OIC of any embarked unit may retain NJP authority.

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17
Q

Discuss “Advice Before NJP”.

A

As the CO, you must ensurte tha the accused is fully advised of all applicable legal rights and that other required action is taken before the proceeding.

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18
Q

Does a Sailor have a right to consult with a lawyer before NJP?

A

No.

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19
Q

Is it a good idea to permit your Sailor access and time to consult a lawyer before their NJP? Why or why not?

A

Yes. That way, if things move in the direction of a Court-Martial, it does not preclude the admissibility of the record of “NJP in aggravation.” aka the level of guilt and severity increases due to aggravated circumstances

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20
Q

Does something special need to happen for any NJP accused prior to their proceedings if the accused happens to be executing service obligations due to receiving advanced education assistance?

A

Yes. Advise them that the government may require that the member reimburse the US for the cost of advanced education assistance not repaid by active-duty service.

21
Q

Can NJP results from your ship be used in aggravation in the event of a later Court-Martial conviction for other offenses?

A

Yes.

22
Q

If you are going to execute an NJP for a Sailor, does that Sailor have the right to see you before the NJP?

A

Yes.

23
Q

What is the Standard for Proof for a conviction at the NJP level? Why is it less than a Courts-Martial?

A

Preponderance of the evidence.

NJP is not a criminal trial – it’s a disciplinary hearing. It’s designed for minor misconduct in a nonjudicial forum without a record of a federal conviction.

24
Q

Can you allow observers in an NJP?

A

Yes.

25
Q

As soon as the NJP is concluded, what specific right must the offender be informed?

A

The right to an appeal.

26
Q

Who can you impose Correctional Custody onto?

A

Paygrades E3 and below.

27
Q

Who can you confine onboard a warship?

A

E3 and below.

28
Q

How long should you permit Extra Duty hours to occur during a single work day?

A

No more than 2.

29
Q

Can you impose Extra Duty on a member’s sabbath?

A

No

30
Q

Whose paygrade can you reduce amongst your crew?

A

E6 and below only. No E7+ are permitted to be reduced in rank through NJP.

31
Q

What’s the most time you can suspend a punishment before the punishment has expired?

A

6 months

32
Q

What pay does “Forfeiture of Pay” relate to?

A

Base plus, sea pay and hardship duty pay

33
Q

Is the CO permitted to “defer” punishment at any time for an Offender following NJP?

A

Yes, for a period up to 15 days.

34
Q

Is the CO permitted to “Stay Punishment” for an Offender?

A

Yes, upon request from the offender. 15 days max. Punishment resumes upon completion of the Stay order.

35
Q

What are 2 forms of Punitive Censure?

A

Admonition

Reprimand (Most severe of the 2)

36
Q

Are Punitive Censures required to be given in writing or orally?

A

Enlisted – either.

Officers – in writing only.

37
Q

Do Punitive Censures go into the Offender’s official military record.

A

Yes.

38
Q

Can you mention receipt of a Punitive Censure in the Offender’s fitness report / evaluation?

A

Yes.

39
Q

If the SECNAV uses his/her power to issue a Censure to a Sailor or Officer, does the offender have a right to appeal?

A

Nope – they can only issue a Rebuttal.

40
Q

When can you permit NJP results to be published in the POD?

A

No early than 5 days after NJP concludes

No later than 30 days after NJP concludes

41
Q

Are you authorized, as CO, to release NJP results to the public?

A

No

42
Q

Can you, as CO, release NJP results to any victims involved in the offenses committed that were NJP’d?

A

Yes

43
Q

How many days do offenders have to submit an appeal to an NJP or to a Punitive Censure?

A

5 working days, excluding holidays and weekends

44
Q

Can you, as CO, extend the time for an appeal to be submitted by the Offender?

A

Yes

45
Q

If you are bringing somebody up for NJP on charges imposed from a fact-finding body, what must you do?

A

Ensure the accused is permitted to review the against them.

46
Q

One of your Sailors had a suspended bust 3 months ago and the suspension lasts for 6 months. She violates another UCMJ article before the suspension expires. Discuss.

A
  • Another NJP is not required
  • You, as CO, must notify them of their “Vacation of Suspension” along with a date AT LEAST 10 DAYS PRIOR to the date of vacating their suspension.
  • You should give the servicemember an opportunity to defend themselves prior to vacating their suspension.
47
Q

If a Sailor has a suspension of NJP punish in effect but is then UA for any reason, what can the CO do?

A

Vacate the suspension. Still, 10 day notice required.

48
Q

When must you, as the CO, ensure that PERS is informed of an officer’s misconduct?

A

If either:

  • Misconduct is of public interested
  • Misconduct will require action by NPC concerning the officer’s status
49
Q

When reporting officer misconduct, what reports are made in this capacity?

A
  • Report made BEFORE NJP

- Report made AFTER NJP — which is routed through first Flag Officer

Section 2--Command Management (16 decks)

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