OIC - Discipline Flashcards
What gives the OIC authority to impose NJP?
Article 15, Uniform Code of Military Justice [UCMJ], provides commanding officers with the authority to impose NJP without resort to the judicial forum of a courts-martial.
What supplements Article 15 of the UCMJ and provides procedural guidance?
Part V, Manual for Courts-Martial [MCM], supplements Article 15, UCMJ, and provides procedural guidance.
What is the purpose of NJP?
Maintenance of Discipline - Each commanding officer is responsible for the maintenance of discipline within his or her command.
When should the OIC consider NJP?
When a minor offense has been committed and lesser administrative measures are considered insufficient to meet the needs of good order and discipline, a commanding officer should consider invoking his or her authority under Article 15, UCMJ, to impose NJP.
Can NJP be performed when the OIC is not present?
Any officer who succeeds to command in the absence of the assigned commanding officer because of death, incapacitation, illness, Temporary Additional Duty (TAD), relief for cause or leave has the power of the assigned commanding officer to impose punishment.
What can be done if the OIC does not have adequate authority to award the appropriate punishment when issuing NJP?
Forwarding a matter to the next superior officer in the chain of command for disposition may also be appropriate when the appropriate punishment may be beyond the limits of the commanding officer’s NJP authority.
Can you award NJP to a TAD person at your unit?
NJP may be imposed upon TAD personnel by the commanding officer of the member’s permanent unit or by the commanding officer of the unit to which the member is temporarily assigned.
Can you award NJP to a Reservist at your unit?
A member of the Reserve is subject to the UCMJ while performing Inactive Duty for Training [IDT], Active Duty for Training [ADT], or active duty.
Three months after your FS1 retires, you find that they committed an offense that warrants NJP. Can they be recalled for you to impose NJP?
A retiree may not be recalled to active duty solely for the imposition of NJP.
What kind of offenses can NJP be imposed for?
NJP may be imposed for minor offenses made punishable by the UCMJ as defined in Part IV, MCM.
What would you consider a “minor offense” when administering NJP?
Ordinarily, an offense should be considered minor if the maximum sentence that could be awarded at a general court-martial does not include a dishonorable discharge or confinement for more than 1 year.
What things should you consider when choosing the appropriate punishment for NJP?
1) Seriousness of the offense;
2) Circumstances surrounding the offense;
3) Member’s prior performance and potential;
4) Potential rehabilitative effect of punishment on the particular member;
5) Mitigating and extenuating circumstances;
6) Effect of offense upon the good order and discipline within the command;
7) Beneficial effect of immediate punishment;
8) Deterrent effect of punishment on potential offenders;
9) Recommendations from any subordinate commanders; and
10) Potential adverse administrative consequences (e.g., loss of eligibility for good conduct award; eligibility for reenlistment or promotion; show cause board; recoupment of selective reenlistment bonus; administrative discharge).
Can you suspend a punishment when imposing NJP?
When imposing NJP, the commanding officer should also consider whether to suspend all or part of the punishment imposed.
When is suspension of punishment appropriate?
Suspension of punishment may be especially appropriate when it is the member’s first offense or where there are extenuating or mitigating circumstances.
What is the benefit of suspending a punishment?
Suspension provides the member with an additional incentive for proper behavior.
After punishment has been awarded, can you add to the amount of punishment?
After NJP is imposed, the amount of punishment may not be increased on appeal or for any other reason.
Can NJP be imposed for an offense prosecuted in the United States federal court?
As a matter of Coast Guard policy, authorization from the Judge Advocate General (CG-094) must be obtained before NJP may be imposed for an offense pending trial or tried by a state or foreign criminal court.
If a court-martial occurs and they are found not guilty, can you impose NJP?
NJP may not be imposed for an offense previously tried by court-martial and resulting in a finding of guilty or not guilty.
What is a CG-4910?
Report of Offense and Disposition
Who can generate a CG-4910?
Any member of the armed forces who is aware of an offense may submit a Report of Offense and Disposition, CG-4910.
Does the person generating a CG-4910 have to have witnessed the alleged act?
The person submitting the Report of Offense and Disposition, CG-4910 may rely upon information received from other sources and does not have to have personally witnessed the alleged act of misconduct.
Does a CG-4910 have to be drafted to begin preliminary inquiries?
A Report of Offense and Disposition, CG-4910 is not required to initiate a preliminary inquiry
What are Article 31 (b) rights for?
Under Article 31(b), UCMJ 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.
What are the four dispositions a PIO can recommend?
1) Dismissal
2) NJP
3) Court-Martial
4) Other Administrative Action
If you are imposing NJP on a member, are you required to provide copies of the PIO’s report and supporting materials?
The commanding officer may, though he or she is not required to, also allow the member to copy all or parts of the PIO’s report and other supporting materials.
Can your XPO amend a CG-4910?
The executive officer may amend the Report of Offense and Disposition, CG-4910 as necessary to ensure the Details of Offenses are supported by evidence. A copy of any amended Report of Offense and Disposition, CG-4910 shall be provided to the member.
If you are imposing NJP on a member, are you required to let them examine documents and other evidence?
Prior to imposition of NJP, the member must be allowed to examine documents and other evidence that the NJP authority will examine and consider in determining whether to impose NJP.
Can a reservist be retained on ADT or IDT for purposes of NJP?
A reservist may not be retained on IDT or ADT solely for the purpose of maintaining NJP authority.
