(Mar 2024) Yeoman - Chapter 4 Legal

Question 1

Do Yeomen whose responsibilities include many legal issues attend the Naval Justice school legal clerk course?

Answer 1

Yes, it is highly recommended that Yeomen whose responsibilities include many legal issues attend the Naval Justice school legal clerk course, Course Identification Number (CIN) S-512-0009.

Question 2

Define censure

Answer 2

Censure refers to the expression of strong disapproval or harsh criticism of an individual’s conduct or performance.

Question 3

Explain the regulations applicable to reports of offenses.

Answer 3

The regulations applicable to reports of offenses are addressed in the U.S. Navy Judge Advocate General Library and JAGINST 5800.7 (Series) CH-3 - Manual of the Judge Advocate General.

Question 4

Describe the purpose of the Legal Secretary United Services Military Apprenticeship Program (USMAP).

Answer 4

The USMAP provides a structured program for skill development and career advancement for legal secretaries in the military.

Question 5

How does the 305 Legal Clerk, Yeoman Personnel Qualification Standard (PQS) contribute to the military workforce?

Answer 5

It sets the standard for the qualifications and skills required for legal clerks and yeomen in the military.

Question 6

What is the purpose of the Extension Beyond EAOS for disciplinary action (CSS-LNPRO-1) course?

Answer 6

This course provides training on disciplinary actions that may extend beyond the Expiration of Active Obligated Service (EAOS) for military personnel.

Question 7

Describe the three types of mast proceedings in the Navy and Marine Corps.

Answer 7

The three types of mast proceedings are request mast, meritorious mast, and disciplinary mast or NJP.

Question 8

What is request mast and who can request it?

Answer 8

Request mast is a procedure where a member can request to speak directly to the service member’s CO. All Navy and Marine Corps members have the right to request mast.

Question 9

How can a CO deny a request mast application?

Answer 9

A CO may deny a request mast application if there is another specific avenue of redress available to the member. The CO should explain the reason for denial and, if appropriate, explain the procedure the member should follow to resolve the issue.

Question 10

Define the limitations of using request mast.

Answer 10

Request mast should not be used to attack disciplinary proceedings, punishment, or findings and sentence under the UCMJ. It also cannot be used to harass, avoid duty, interfere with the commander’s functions, or if the member is being processed for involuntary separation.

Question 11

What form should be completed for a special request/authorization for mast and how should it be submitted?

Answer 11

The Special Request/Authorization, NAVPERS 1336/3 (Rev 10-2011) should be completed and submitted through the Chain of Command (COC) to the CO.

Question 12

Describe what a meritorious mast is and how it is documented for Navy personnel.

Answer 12

A meritorious mast is an informal method of positive recognition used by the CO to immediately acknowledge noteworthy performance. For Navy personnel, it is generally documented on an Administrative Remarks Form, NAVPERS 1070/613.

Question 13

Define disciplinary mast or Non-Judicial Punishment (NJP) and its purpose.

Answer 13

Disciplinary mast or NJP is a disciplinary measure more serious than an administrative corrective measure but less serious than trial by court-martial. It provides commanders with a prompt means of maintaining good order and discipline.

Question 14

How is the authority to impose NJP delegated within the Navy?

Answer 14

A CO, OIC, or certain officers delegated by the SECNAV may impose NJP. An XO may only impose NJP when acting as CO in the absence of the CO, but this authority cannot be delegated down by the CO.

Question 15

Do reservists in the Navy come under the jurisdiction of NJP?

Answer 15

Yes, reservists are subject to the UCMJ and the imposition of NJP whenever they are in an active duty status, including IDT, Annual Training, Active Duty Training, Active Duty Special Work, Canvasser Recruiter, and Mobilizations.

Question 16

Describe the options available to the officer to impose NJP during the ADT or IDT period.

Answer 16

The officer may impose NJP during the ADT or IDT in which the misconduct occurs, at a later period of ADT or IDT (within two years of the offense), or request an involuntary recall of the accused to ADT or IDT to impose NJP.

Question 17

Do the accused have the right to refuse NJP? If so, when can they exercise this right?

Answer 17

Yes, the accused have the right to refuse NJP. They can exercise this right up until the time of imposition of NJP, which is when the CO announces the punishment.

Question 18

Define the offenses punishable under Article 15, UCMJ.

Answer 18

Article 15 gives a CO authority to punish individuals for minor offenses, which are misconduct normally not more serious than that usually handled at a Summary Court-Martial (SCM) where the maximum punishment is 30 days confinement.

Question 19

Describe the rights of an accused to refuse NJP.

Answer 19

An accused may request trial by court-martial in lieu of NJP, and this right exists up until the time of imposition of NJP. The accused does not waive this right by having previously signed a report chit showing that he or she would accept NJP.

Question 20

What are the limitations on the exercise of NJP according to Article 15, UCMJ, and Part V of the MCM?

Answer 20

Except for a person attached to or embarked on a vessel, an accused may request trial by court-martial in lieu of NJP. This right to refuse NJP exists up until the time of imposition of NJP.

Question 21

What determinines whether an offense is minor under Article 15, UCMJ?

Answer 21

The nature of the offense and the circumstances surrounding its commission

Question 22

Describe the types of cases for which the JAGMAN permits the use of NJP to punish the accused.

Answer 22

The JAGMAN permits the use of NJP to punish the accused for offenses previously tried in civil court, diverted out of the regular criminal process for a probationary period, or adjudicated by juvenile court authorities.

Question 23

What is the authority required for the use of NJP in cases previously tried in civil court?

Answer 23

Authority must be obtained from the OEGCMJ, usually the general or flag officer in command over the command desiring to impose NJP.

Question 24

Do COs and OICs have the authority to dispose of minor disciplinary infractions that occur on or off base at NJP?

Answer 24

Yes, COs and OICs may dispose of minor disciplinary infractions that occur on or off base at NJP, except for traffic offenses or those previously adjudicated by civilian authorities.

Question 25

Define the NJP package and list some of the documents and forms it includes.

Answer 25

The NJP package includes numerous documents and forms, along with any evidence on the case. It may include the Suspect's Rights Acknowledgement/Statement, NAVJAG 5810/10, NAVPERS 1626/7, NJP Rights Notification Form, Booker Rights Page 13 (if applicable), and any other evidence concerning the case.

Question 26

How does the enforcement of traffic laws in areas not under military control relate to the use of NJP for off-base offenses?

Answer 26

In areas not under military control, the responsibility for maintaining law and order rests with civil authority, including the enforcement of traffic laws.

Question 27

Describe the actions that must be taken before interrogating or requesting a statement from an accused or a person suspected of an offense under the UCMJ.

Answer 27

Informing the accused or suspect of the nature of the accusation, advising them of their right to remain silent, and informing them that any statement made may be used as evidence against them in a trial by court-martial.

Question 28

What does interrogation include under the UCMJ?

Answer 28

Interrogation includes any formal or informal questioning in which an incriminating response is sought or is a reasonable consequence of the questioning.

Question 29

How can a person waive their rights under M.R.E. 305 and make a statement?

Answer 29

After receiving applicable warnings, a person may waive the rights described therein and in M.R.E. 301 and make a statement. The waiver must be made freely, knowingly, and intelligently.

Question 30

Define the Suspect's Rights Acknowledgement/Statement, NAVJAG 5810/10.

Answer 30

It is a suggested format that investigative personnel may use in cases in which suspects desire to waive their rights concerning self-incrimination and to make statements, if administered properly and the suspect's rights are preserved, this form is an extremely useful tool in preparing the command's case against the accused.

Question 31

Describe the purpose of a Preliminary Inquiry (PI) in the military justice system.

Answer 31

The PI is an administrative investigative tool used to determine whether an incident warrants administrative or judicial action.

Question 32

What are the rights of a member under Article 31(b) when being questioned about a potential UCMJ violation?

Answer 32

The service member is entitled to be informed of their Article 31(b) rights, including the right to remain silent and the right to counsel.

Question 33

Define the Report and Disposition of Offense(s) form NAVPERS 1626/7 in the military context.

Answer 33

It is a one-sheet form used to document and process charges for offenses, except in cases of serious crimes.

Question 34

How long does a Preliminary Inquiry (PI) typically take to complete, and can it be extended?

Answer 34

A PI takes no longer than three working days to complete, but an extension may be granted if necessary.

Question 35

Describe the process for reporting an offense subject to trial by court-martial.

Answer 35

Any person may report an offense subject to trial by court-martial, and the military authority who receives the report should forward it to the immediate commander of the suspect.

Question 36

What actions can a commanding officer (CO) take to initially dispose of a charge or suspected offense?

Answer 36

A CO may take no action, initiate administrative action, consider the matter pursuant to Article 15 (NJP), or dismiss charges if they have been preferred.

Question 37

Define the initial disposition of offenses by members of a command.

Answer 37

The immediate commander of a person accused or suspected of committing an offense triable by courts-martial initially determines how to dispose of that offense, within the limits of their authority.

Question 38

How should allegations of offenses be disposed of according to R.C.M. Rule 306?

Answer 38

Allegations of offenses should be disposed of in a timely manner at the lowest appropriate level of disposition listed in R.C.M. Rule 306.

Question 39

Do superior commanders have the authority to limit the discretion of a subordinate commander to act on cases over which authority has not been withheld?

Answer 39

No, a superior commander may not limit the discretion of a subordinate commander to act on cases over which authority has not been withheld.

Question 40

Describe the factors a commander must consider when making a disposition decision for an offense.

Answer 40

A commander must consider and balance factors such as the nature of the offenses, any mitigating or extenuating circumstances, the character and military service of the accused, recommendations made by subordinate commanders, the interests of justice, military exigencies, and the effect of the decision on the accused and the command.

Question 41

What is the goal of a disposition decision for an offense according to the content?

Answer 41

The goal should be a disposition that is warranted, appropriate, and fair, taking into consideration various factors and circumstances.

Question 42

How does the content suggest a commanding officer (CO) may take administrative action for an offense?

Answer 42

A CO may take or initiate administrative action, such as counseling, admonition, reprimand, exhortation, disapproval, criticism, censure, reproach, rebuke, extra military instruction, or the administrative withholding of privileges, subject to regulations of the Secretary concerned.

Question 43

Define the circumstances under which a matter may be forwarded to the general court-martial convening authority for action under R.C.M. 407(b) regarding national security matters.

Answer 43

If a commanding officer is not authorized to convene a General Court Martial (GCM) and finds that an offense warrants trial by court-martial, but believes that trial would be detrimental to the prosecution of a war or harmful to national security, the matter should be forwarded to the general court-martial convening authority for action under R.C.M. 407(b).

Question 44

How should charges be preferred against a person subject to trial by court-martial?

Answer 44

Charges must be preferred without unnecessary delay and must be signed under oath before a commissioned officer of the Armed Forces authorized to administer oath.

Question 45

Describe the format used to allege violations of the UCMJ on the Charge Sheet.

Answer 45

The format of charges and specifications is used to allege violations of the UCMJ on the Charge Sheet, Department of Defense (DD) Form 458, which consists of five sections.

Question 46

Describe Section I of the Manual for Courts-Martial.

Answer 46

Section I of the Manual for Courts-Martial identifies the accused, provides personal information from the accused's service record, and identifies any pretrial restraint of the accused.

Question 47

Define Charges in the context of the Manual for Courts-Martial.

Answer 47

Charges in the Manual for Courts-Martial contain the formal written accusation against the accused in the form of charges and specifications, identifying the UCMJ article the member has allegedly violated.

Question 48

How are charges numbered in the Manual for Courts-Martial?

Answer 48

Charges in the Manual for Courts-Martial are numbered by a Roman numeral when there is more than one charge, and additional charges are labeled and numbered with Roman numerals, beginning with 'I' if there is more than one additional charge.

Question 49

Do specifications in the Manual for Courts-Martial require personal jurisdiction information?

Answer 49

Yes, specifications in the Manual for Courts-Martial must contain personal jurisdiction information, including rate, name, unit, and force of the accused.

Question 50

Describe the essential facts that a specification in the Manual for Courts-Martial must contain.

Answer 50

A specification in the Manual for Courts-Martial must contain the time of alleged offense, place of alleged offense, and a description of the offense including elements, words of criminality, specificity, and duplicitousness.

Question 51

Describe the requirements for a specification under the UCMJ.

Answer 51

A specification is sufficient if it alleges every element of the charged offense expressly or by necessary implication, and it does not require any particular format.

Question 52

Define how specifications are numbered when there is more than one under a charge.

Answer 52

When there is more than one specification under any charge, the specifications are numbered in Arabic numerals.

Question 53

Do charges and specifications alleging all known offenses by an accused need to be preferred at the same time?

Answer 53

Yes, charges and specifications alleging all known offenses by an accused may be preferred at the same time.

Question 54

Describe the requirements for the accuser and the officer administering the oath under Section III - Preferral.

Answer 54

The accuser must be a person with knowledge of the alleged offenses and subject to the UCMJ, and the officer administering the oath must be authorized under Article 136 of the UCMJ.

Question 55

Define the importance of the date of receipt on the charge sheet under Section IV - Receipt by SCM Convening Authority.

Answer 55

The date of receipt is important as it fixes the statute of limitations, which is five years for courts-martial and two years for NJP, with no statute of limitations for capitol offenses.

Question 56

Describe the purpose of the endorsement in Section V - Referral: Service of Charges.

Answer 56

The purpose of the endorsement is to order a particular court (summary, special, or general) to try the case and to provide the court with specific instructions.

Question 57

How is the accused informed of the charges in a court-martial proceeding?

Answer 57

The SCM officer, or the trial counsel in a SPCM or GCM, will provide the accused with a copy of the charge sheet on the same date as the last entry on the charge sheet.

Question 58

Define the timeline for when an accused may be tried in a special court-martial after being served with a copy of the charges.

Answer 58

An accused may not be tried by a special court-martial within three days after being served a copy of the charges, unless the accused waives this right.

Question 59

What is the procedure if charges are referred to a court-martial different from the original referral?

Answer 59

The new referral is ordinarily made by a new endorsement attached to the original charge sheet, and the person signing the new referral should line out the previous endorsement and initial it.

Question 60

Do members in a court-martial proceeding have the right to be advised of their rights and to contact the nearest Defense Services Office (DSO) for advice?

Answer 60

Yes, members should be advised of their rights and be advised to contact the nearest Defense Services Office (DSO) for advice on how to proceed with particular charges.

Question 61

What does the 'Right to Refuse NJP' inform the accused about, and under what circumstances can this right be exercised?

Answer 61

The 'Right to Refuse NJP' informs the accused of their right to demand trial by court-martial instead of non-judicial punishment (NJP). This right can be exercised unless the accused is attached to or embarked in a vessel.

Question 62

Define 'Government Evidence' in the context of military justice proceedings and what rights does it provide to the accused?

Answer 62

Government Evidence advises the accused of the information the allegations are based on and allows the accused to examine all available statements and evidence upon request.

Question 63

How does the concept of 'Right to Confer With Counsel' apply to members who have the right to refuse NJP in military justice proceedings?

Answer 63

The 'Right to Confer With Counsel' allows members who have the right to refuse NJP to consult with counsel before NJP, subject to the immediate availability of counsel and operational commitments or military exigencies.

Question 64

Describe the rights of the accused during a non-judicial punishment (NJP) hearing.

Answer 64

The accused has the right to be present, to remain silent, to have a personal representative, to examine evidence, to present matters in defense or extenuation & mitigation, and to call 'reasonably available' witnesses.

Question 65

What is an Executive Officer's Inquiry (XOI) in the context of military justice?

Answer 65

An XOI is an informal hearing or review of the record of the accused and the report chit by the Executive Officer (XO), who may have the power to dismiss the case but not impose punishment.

Question 66

How are witnesses handled in a non-judicial punishment (NJP) proceeding?

Answer 66

Witnesses should be available to testify if they are present on the same ship or base or are otherwise available at no expense to the Government. However, there is no authority to subpoena civilian witnesses for an NJP proceeding.

Question 67

Define the 'Right to Demand Trial by Courts-Martial' section of NAVPERS 1626/7.

Answer 67

This section advises the accused of the right to refuse NJP and demand a trial by court-martial, and the accused can sign it at the Executive Officer's Inquiry (XOI) if they have not signed it before.

Question 68

What is the role of the Executive Officer (XO) in a non-judicial punishment (NJP) proceeding?

Answer 68

The XO may inquire about a case by holding an informal hearing or may merely review the record of the accused and the report chit. If given the power by the CO, the XO may dismiss the case but may never impose punishment.

Question 69

the CO's authority the public hearing for an individual.

Answer 69

The accused is entitled to have the hearing open to the public unless the CO determines that the proceeding should be closed for good cause. The CO is not required to make any special arrangements to facilitate public access to the proceedings.

Question 70

Does the JAGMAN, Section 0115 grant the CO the authority to publish the results of NJP? If so, where can the results be published?

Answer 70

Yes, the JAGMAN, Section 0115 grants the CO the authority to publish the results of NJP. The results may be published in the plan of the day/plan of the week (POD/POW), bulletin boards, or may be announced at daily formations/morning quarters.

Question 71

Where must the possible actions by the CO at mast be noted?

Answer 71

Any action taken by the CO at mast must be noted in the 'Action of the Commanding Officer' section of the reverse side of NAVPERS 1626/7.

Question 72

How does the CO's rank and the status of the accused limit the punishment that can be imposed?

Answer 72

The CO has wide latitude to impose punishment, but there are limitations based upon his or her rank and the status of the accused.

Question 73

Describe the eight specific types of non-judicial punishment (NJP) that a commanding officer may impose under proper circumstances.

Answer 73

The eight specific types of NJP are admonition and reprimand, arrest in quarters, restriction, forfeiture of pay, extra duty, reduction in grade, confinement, and correctional custody.

Question 74

Define non-judicial punishment (NJP) and provide an example of its application in a military context.

Answer 74

NJP is a disciplinary measure used in the military to address minor offenses without a court-martial. An example of NJP application is when a service member is assigned extra duty as a punishment for a minor infraction.

Question 75

How does the nature of the punishment chart guide commanding officers in imposing disciplinary measures within the military?

Answer 75

The nature of the punishment chart provides commanding officers with a framework of eight specific types of non-judicial punishment (NJP) that can be imposed under proper circumstances, helping to ensure consistency and fairness in disciplinary actions.

Question 76

Describe the difference between admonition and reprimand as forms of censure in the military justice system.

Answer 76

Admonition and reprimand are two forms of censure intended to express adverse reflection upon or criticism of a person's conduct. A reprimand is a more severe form of censure than an admonition.

Question 77

Define a non-punitive letter in the context of military justice and explain its purpose.

Answer 77

A non-punitive letter is not punishment; rather it is intended to remedy a noted deficiency in conduct or performance of duty. It is kept a personal matter between the member and the superior issuing the letter.

Question 78

How does arrest in quarters differ from restriction as a form of punishment for officers in the military?

Answer 78

Arrest in quarters is imposable only on officers and is enforced by moral obligation rather than by physical means. It is similar to restriction, but has much narrower limits and may extend beyond quarters.

Question 79

Describe the concept of restriction as a form of punishment in the military justice system.

Answer 79

Restriction is the least severe form of deprivation of liberty, involving moral rather than physical restraint. Its severity depends on its duration and the geographical limits specified when the punishment is imposed.

Question 80

Do officers and enlisted personnel have different requirements for the form of punitive censure, such as admonition or reprimand, when imposed as NJP?

Answer 80

Yes, punitive censure for officers must be in writing, while it may be either oral or written for enlisted personnel when imposed as NJP.

Question 81

Describe the requirements for an officer placed in the status of arrest or restriction according to Article 1103 of U.S. Navy Regulations.

Answer 81

An officer under arrest or restriction must not be confined to their room unless the safety or discipline of the ship requires it.

Question 82

Define forfeiture of pay and provide an example of a properly stated forfeiture.

Answer 82

Forfeiture of pay means a permanent loss of entitlement to the pay forfeited. An example of a properly stated forfeiture is to forfeit $50 pay per month for two months.

Question 83

How are forfeitures of pay affected if the punishment includes reduction, whether or not suspended?

Answer 83

Forfeitures of pay must be based on the grade to which the accused is reduced if the punishment includes reduction, whether or not suspended.

Question 84

Describe the limitations on extra duties as per the Manual for Courts-Martial (MCM).

Answer 84

The MCM prohibits extra duties that are a known safety or health hazard, those that are cruel and unusual, and those not sanctioned by the customs of the service involved.

Question 85

Define the maximum duration for extra duties and specify the duties that cannot be assigned as extra duty.

Answer 85

Extra duties should not extend beyond two hours per day and guard duty may not be assigned as extra duty.

Question 86

Describe the circumstances under which extra duty shall not be performed on a member's Sabbath.

Answer 86

Except in cases of the Navy and Marine Corps reservists performing inactive training or annual training for a period less than seven days, if reasonable accommodation can be made, extra duty shall not be performed on the member's Sabbath.

Question 87

Describe the limitations on reduction in grade for members in pay E-1 through E-6 and E-7 through E-9.

Answer 87

Reduction in grade is limited to one grade only for these members and cannot be reduced in grade at NJP. The grade from which reduced must be within the promotional authority of the CO imposing the reduction.

Question 88

What is the confinement punishment for E-3 and below personnel attached to or embarked on a vessel?

Answer 88

Confinement involves confinement for no more than three consecutive days in places where the member so confined may communicate only with authorized personnel.

Question 89

Define correctional custody and its application to personnel in paygrade E-4 and above.

Answer 89

Correctional custody will not be imposed on persons in paygrade E-4 and above unless an unsuspended reduction below E-4 is imposed.

Question 90

How does the NJP appeal process work for a member who believes the punishment unjust or disproportionate to the offense?

Answer 90

The member has the right to appeal the award to higher authority on the grounds of appeal being unjust (not guilty of offense) or disproportionate (guilty but punishment too harsh or unfair). The appeal must be in writing to the OEGCMJ vice the officer who imposed NJP, and must be submitted within five working days from the date of imposition of punishment.

Question 91

Describe the calculation of the release date for confinement punishment and its authorization.

Answer 91

Calculating the release date by number of hours in confinement is not authorized, and confinement may be imposed upon E-3 and below personnel attached to or embarked on a vessel.

Question 92

Describe the purpose of the Unit Punishment Book (B).

Answer 92

The UPB contains a record of all NJP hearings conducted by a command, including the recording of NJP hearings using the NAVPERS 1626/7 form.

Question 93

What is the recommended practice for filing cases in the UPB?

Answer 93

The suggested procedure is to file cases in alphabetical order, chronological order by date, or a combination of both.

Question 94

How long should NJP hearings be retained in the UPB at a command?

Answer 94

NJP hearings should be retained in the UPB at a command for two years.

Question 95

What actions should be taken upon completion of disciplinary action in the Post-Mast NJP Procedures?

Answer 95

Upon completion of disciplinary action, the member's ESR entries should be completed as outlined, and the authority imposing punishment must forward the Report of Nonjudicial Punishment to PERS-313.

Question 96

Define the NAVPERS 1626/7 form.

Answer 96

The NAVPERS 1626/7 form is used to record NJP hearings and is used to indicate when the case record is filed in the UPB.

Question 97

What should be done when all actions have been completed on a particular NJP hearing in the UPB?

Answer 97

The space provided in the 'Final Administrative Action' portion of the NAVPERS 1626/7 should be filled out, and it is good administrative practice to attach all relevant documents to the NAVPERS 1626/7.

Question 98

Do service members have a specific timeframe to appeal NJP results?

Answer 98

Service members have a required time to appeal NJP results, and the Report of Nonjudicial Punishment should be forwarded to PERS-313 when the results are final.