Yeoman Chapter 4: Legal Flashcards
Types of mast
Request mast, meritorious mast, disciplinary mast
What is a request mast
Request to speak with the servicemember’s CO if an issue cannot be resolved informally
What is a request mast not used for?
Attack the results of disciplinary action
Interfere with CO’s ability to carry out mission
If being processed for involuntary separation
What form documents a meritorious mast?
NAVPERS 1079/613
Which article of the UCMJ outlines NJP procedures?
Article 15
Who can impose NJP?
CO, OIC, officers delegated by SECNAV.
XO can impose proceedings if acting in absence of CO, but cannot be delegated to
When can a member request court-martial in lieu of NJP?
Up until CO announces punishment, unless attached to or embarked on a vessel
What is considered a minor offense?
Misconduct normally handled at a SCM and involving punishment no longer than 30 days confinement
When can NJP not be imposed?
An act that was already tried in a court that derives its authority from the US. Civilian and juvenile court trials can also be subject to NJP
What are the limits of authority for COs and OICs to impose NJP?
None. Can impose for both on and off base offenses unless the off-base offense is traffic or previously adjudicated by civilian authorities
What is included in the NJP package?
Rights/Acknowledgement statement NAVJAG 5810/10
NAVPERS 1626/7 Report of offenses
NJP rights notification form
Booker rights pg. 13
Any other evidence
What is the suspects rights form used for?
NAVJAG 5810/10, when suspect desires to waive self-incrimination rights and make a statement
What is a PI?
Preliminary Inquiry, an investigative tool to determine if an incident warrants admin or judicial action
Who can be a PIO?
Preliminary Inquiry Officer, an E-7 or above, but must be one paygrade higher than alleged offender
How long to complete a PI?
Three working days
What document should the immediate CO when receiving a report of offense?
Rules for Court-Martial (RCM) Rule 306
What courses of action does a CO have to dispose of an offense?
No action
Administrative action
NJP
Disposition of charges
Forwarding for disposition
National Security Matters
Where can charges be forwarded?
To a superior or subordinate authority
What can a CO do if the matter is detrimental to war or national security?
Forward matter to general court-martial convening authority
Which article details the statute of limitations?
Article 43
What constitutes pre-NJP advice?
Contemplate action
Suspected offenses
Government evidence
Right to refuse NJP (goes to SCM, SPCM, or GCM instead)
No right to confer with counsel, but highly encouraged (Booker rights)
Right to be at the hearing
XOI
Executive Officers Inquiry, May dismiss a case but cannot impose punishment
What is the limit on publishing NJP results?
No earlier than five working days and within 30 calendar days
Eight types of NJP
Admonition and reprimand
Arrest in quarters
Restriction
Forfeiture of pay
Extra duty
Reduction in grade
Confinement
Correctional custody
What is admonition and reprimand?
A form of censure that is punitive as NJP; in writing for officers, in writing or verbal for enlisted
What is arrest in quarters
Imposable only on officers; may still include duties as long as it doesn’t involve exercise of authority
What is restriction?
The least severe deprivation of liberty
When can an officer be confined to his or her room?
When required fire safety and discipline of the ship
What is forfeiture of pay?
Applies to basic pay, sea pay, or hardship duty; does not apply to allowances.
What is extra duty?
In addition to normal duties, no more than 2 additional hours per day and not on the member’s Sabbath
What is reduction in grade?
Reduces one paygrade for E1-E6. E7-9 cannot be reduced in grade at NJP
What is confinement?
Can be imposed on E3 and below attached to or embarked on a vessel
What is correctional custody?
Not imposed on E4 and above unless unsuspected reduction below E4 is imposed
How long does the member have to appeal punishment from NJP?
No more than 5 working days
What is the UPB?
Unit Punishment Book, retains ALL NJP hearings for 2 years.
Which form is contained in the UPB?
NAVPERS 1626/7
Who is responsible for administration, supervision, collecting, storage, and release of investigations?
Judge Advocate General (JAGs)
Who is responsible for initiating investigations of incidents?
Officer in command
How long does a fact-finding body have to submit investigation?
No more than 30 days
What are three types of fact-finding bodies?
Courts of inquiry, required to conduct hearings, not required to conduct hearings
When are periods of UA documented?
When they exceed 24 hits
What document records UA?
NAVPERS 1070/606
Which article defines desertion?
Article 85
How long must a member be missing to be considered desertion?
30 consecutive days
When must a Declaration of Desertion message be submitted?
No later than 31st day of UA
What action is taken when UA is less than 24 hours?
Create NAVPERS 1070/613 into the ESR
What happens on the fifth day of UA?
Stop all allotments and notify Primary Next-of-Kin with copy provided for Staff Chaplain
Which document guides UA?
MILPERSMAN 1600-040
