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.
You are going to impose NJP on one of your members and they tell you that their attorney will be present to represent them. Is this ok?
A mast is not an adversarial proceeding. It is different from courts-martial; a member has no right to be represented by an attorney at mast. It is possible, however, that the member may obtain the services of an attorney or any other person, at no expense to the government, to appear as his or her spokesperson
Is a mast representative required to perform NJP?
A mast representative shall be appointed to assist the member in preparing for and participating in the mast proceedings, unless the member declines appointment of a mast representative.
Can a non-rate serve as a mast representative?
The representative should be an officer or petty officer and must, if practicable, be attached to the unit of the commanding officer conducting the mast.
What is Burden of Proof?
The burden of proof required in order to award punishment at NJP is a preponderance of evidence. This standard means that before NJP may be awarded, the commanding officer must determine it is “more likely than not” that the member committed an offense(s) defined by the UCMJ.
If you are conducting a mast and find that the offenses are too serious to be disposed of through NJP, what can you do?
If the commanding officer determines that the alleged offense is too serious to be disposed of through NJP, he or she should not announce a finding or impose NJP. The commanding officer should inform the member that he or she intends to consider referring the matter for trial by court-martial or referring the matter to his or her superior commander, and that the member will be informed when a decision is made.
What are your maximum NJP punishments as an OIC?
14 Days extra duty;
14 Days restriction;
3 Days forfeiture of pay.
An extra duties be imposed on an E7?
Extra duties may only be imposed on members of the grade of E-6 and below.
If you administer NJP and award 14 days extra duty/ 14 days restriction on your SK1, and they work Monday through Friday - can they take the weekends off and resume the following Monday?
Once commenced, restriction runs continuously and cannot be interrupted, except during the service of a punishment of confinement or restriction adjudged by a court-martial, an appeal of the NJP, or emergency leave.
If extra duties are imposed following a mast, when are they done?
Extra duties are performed after regular working hours.
What days are performing extra duties prohibited?
No extra duties are to be performed on the member’s Sabbath day.
Does the day of Sabbath count toward a day of completed extra duty?
The member will receive credit for performing extra duty on the Sabbath day if it falls within the prescribed period of extra duty
What is the maximum amount of extra duty that can be performed in one day?
The number of hours to be served daily, not to exceed two hours daily.
Can you award punishment under NJP while underway and defer it until the ship returns to port?
A OIC imposing punishment may defer punishment at the Time of NJP. The execution of restriction or restriction with extra duties may be delayed until arrival of the vessel in port.
If a member appeals punishment, do you have to wait for the appeal authority to approve/deny the request before carrying out punishment?
A member who appeals his or her NJP is required to serve any punishment while appeal is pending. If action by the appeal authority is not taken within 5 calendar days after submission, however, upon the member’s request, any un-served punishment involving restraint or extra duties shall be deferred until action on the appeal is taken.
What is suspension of punishment?
To suspend a punishment means to hold it in abeyance, or not execute it, for a specified period, with remission at the end of that period.
How long can a punishment be suspended?
A suspension must be for a definite period, not to exceed six months, and this period shall be specified when the punishment is suspended.
What happens if you suspend a punishment and the member transfers?
When a mast punishment is suspended for a specified period and the member is transferred before the end of the period, the punishment is automatically remitted when the member is transferred.
What is the basis to appeal NJP?
A member punished under Article 15, UCMJ, may appeal if he or she considers the punishment imposed “unjust” or “disproportionate” to the acts of misconduct for which punished.
How long does a member have to appeal NJP?
The appeal must be submitted in writing within 5 calendar days of the imposition of the punishment, or the right to appeal shall be waived in the absence of good cause shown.
Who do NJP appeals go to?
Appeals shall be submitted through the commanding officer who imposed the NJP and any superiors in his/her chain of command to the “superior authority” designated by this section to act upon that appeal.
What is EMI?
EMI is defined as instruction in a phase of military duty in which an individual is deficient.
You drop in to your station unexpectedly on a saturday and notice one of your petty officers acting strangely and believe they may be under the influence of something. Can you make the member submit to a urinalysis drug test?
No, you need probable cause and a search authorization to single out a member for urinalysis;
Ask the member to submit to a Consent Search;
Work through OPCON as only a CO or military judge can grant a search authorization;
No need for search authorization if urinalysis is random.
What is in a Mast Package?
4910
Rights advice Form
PIO Report and all report enclosures
What are your references for the UCMJ/ Booking process?
Military Justice Manual
Manual for Courts Martial
What is NJP used for?
Minor offenses/ Maintenance of Discipline
What is the maximum punishment that can be imposed by an OIC?
14 Days Restriction
14 Days Extra Duty
3 Days Pay
Can you impose NJP on TAD personnel?
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.
What is “burden of proof?”
The burden of proof required in order to award punishment at NJP is a preponderance of evidence, the commanding officer must determine it is “more likely than not” that the member committed an offense(s) defined by the UCMJ
What is Unlawful Command Influence (UCI)?
UCI occurs when senior personnel knowingly or unknowingly influence court members, witnesses, or others participating in military justice cases to the detriment of the accused.
How many days does member who received NJP have to appeal?
5 Calendar Days
What does Article 15 of the UCMJ do?
Provides OINC’s with the authority to impose NJP without resort to the judicial forum of Courts Martial.
When do you issue Article 31 rights?
Before you question anyone on what you believe may lead to a member being charged under UCMJ.
Would your XPO have authority to impose NJP?
Yes, When acting they assume the same authority as the regularly assigned OIC.
What is EMI and what is its purpose?
Extra Military Instruction, phase of military duty in which an individual is deficient, directed towards the correction of that deficiency. Not to be substituted for NJP.
What is the maximum amount of EMI per day?
2 Hours
Can NJP be imposed for civil offences?
You must receive Commandant Authorization prior to imposing NJP for civil offences pending trial or tried by state court. You cannot for cases prosecuted in Federal Court.
What are the three levels of Court Martial?
Summary, Special, and General.
Where do you find a mast script?
Military Justice Manual Enclosure (1)
What are some considerations to make if you decide to get a member out of police custody?
The nature of the alleged offense(s);
The physical and mental condition of the accused;
The impact of the member’s presence on the unit; and
The unit’s ability to house the individual
What things can an OIC conduct an Admin Inspection at anytime for?
Safety and Security
Operational Readiness
Health and Welfare
What are some privileges you can administratively withhold from a member?
Special Liberty
Base or Ship Movies
MWR Events
On Base Driving
Commissary
Duty Swaps
Base Clubs
Civilian Clothes on Unit
On base Parking
What are some rights you cannot administratively withhold from a member?
Medical
Dental
Chaplain
Pay
Leave
Liberty
What are the mandatory reporting items to CGIS?
Felony level UCMJ Violations
Violations of Federal Criminal Law
Victim Status
Lost Stolen misappropriated government property
Death of covered person
Workplace violence and threatening behavior
Personally identifiable information
Cyber Crime
Child Porn
Child Abuse, Spouse Abuse
TWIC criminal investigation and enforcement actions
Security violations
Desertion or disappearance of a CG member on AD
Protective Service operation
Fraud, waste and abuse
Information of significant interest – criminal investigation
Prisoner transport
One day while sitting at your desk the local chief of police shows up with an arrest warrant for a member of your crew; what do you do?
This is covered under the Military Justice Manual. If a warrant is presented and generated by the state your unit is located you should turn the member over.
