NavyBMR.com (JAGINST 5800.7) Flashcards
What is defined as instruction in a phase of military duty in which an individual is deficient, and is intended for and directed towards the correction of that deficiency?
Extra Military Instruction
What measures usually fall into the 3 categories of extra military instruction, administrative withholding of privileges, and non-punitive censure?
No punitive Administrative Measures
EMI normally will not be conducted for more than how many hours per day?
2
Over what time period can EMI be assigned to correct a deficiency?
No longer than necessary to correct the deficiency.
What is defined as a benefit, advantage, or favor provided for the convenience or enjoyment of an individual?
Privilege
When non-judicial punishment is imposed, the accused must be a member of the command or of the unit of the officer imposing the punishment.
True
What right to council does an accused have prior to non-judicial punishment?
None
If a service member is separated for misconduct at NJP and has obligated service arisi from receiving advanced education assistance what will they have to do in regards to the money the received?
Pay it back
Who is responsible for ensuring that the offender is fully informed of his right to appeal punishment?
Officer imposing punishment
A CO below the grade of LCDR may not place someone on restriction past how many consecutive days?
15 Days
Correctional custody shall not be imposed on persons in what pay-grade unless unsuspended reduction below that pay-grade is imposed?
E4 and Below
Confinement on bread and water or diminished rations shall only be imposed on persons in which pay-grade?
E3 or Below
Navy personnel in what pay-grade may not be reduced in pay-grade?
E7 or Above
Pay subject to forfeiture refers only to what?
Basic pay, plus sea or hardship duty pay.
CO’s and OIC’s may, when adequate facilities are not available or when the exigencies of the service require, defer execution of correctional custody or confinement on bread and water or dismissed rations, for a reasonable period of time, not to exceed how many days after imposition?
15 Days
The name, rate, offense, and disposition of the offender of an NJP may be published in the plan of the day within how long of NJP?
1 month
An appeal of non-judicial punishment shall be submitted within how many working days of the imposition of NJP, or the right to appeal shall be waived in the absence of good cause shown.
5
What type of jurisdiction with military authorities do Federal civil authorities have over offenses committed by military personnel that violate both the Federal Criminal Law and the UCMJ?
Concurrent
Within the DON, who is responsible for the investigation of actual, suspected, or alleged national security incidents?
NCIS
Concurrent with NCIS notification and consistent with NCIS investigative prerogative, the commander or CO shall initiate a preliminary inquiry in accordance with SECNAVINST 5510.36 (series) and direct the inquiry and required reports be completed within what timeframe?
72 Hours
A military judge, certified in accordance with Article 26(b), UCMJ, may take a one-time oath to perform his duties faithfully and impartially in all cases to which detailed. The oath may be taken at any time and may be administered by any officer authorized by what article of the UCMJ?
Article 136
What article of the UCMJ provides that an accused has the right to be represented before a general or special court-martial or at an investigation under Article 32, UCMJ, by military counsel of his own selection if that counsel is reasonably available?
Article 38
If classified matter is to be used for a judicial proceeding, appropriate personnel security clearances in accordance with which instruction must be granted to all members of the court when classified matter is introduced before the court?
SECNAVINST 5510.30
