0101 GENERAL PROVISIONS

a. Authority to impose.

(1) Multiservice commander. In addition to the categories of officers authorized to impose nonjudicial punishment under Article 15(b), UCMJ, the commander of a multiservice command to whose staff or command members of the naval service are assigned may designate one or more naval units and shall for each such naval unit designate a commissioned officer of the naval service as commanding officer for the administration of discipline under Article 15, UCMJ. A copy of any such designation by the commander of a multiservice command shall be furnished to the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, and to the Judge Advocate General.

(2) General authority. Pursuant to the author: ity of Article 15, UCMJ, and to the provisions of chapter XXVI, MCM, and except as provided in section 0101b, nonjudicial punishment may be imposed in the naval service for minor offenses as follows:

(a) Upon officers and warrant officers. Any commanding officer, including a commanding officer as designated pursuant to section 0101a(1) above, may impose upon officers of his command admonition or reprimand and restriction to certain specified limits, with or without suspension from duty, for not more than 15 consecutive days. Officers of the grade of major or lieutenant commander, or above, who are authorized to impose nonjudicial punishment, may in addition to admonition or reprimand, impose restriction for not more than 30 consecutive days. Only an officer of general or flag rank in command may impose the additional punishments authorized by Article 15(b)(1)(B), UCMJ. See also section 0101a(4).

(b) Upon other personnel. Any commanding officer, including a commanding officer as designated pursuant to section 0101a(1) above, may impose upon enlisted men of his command, and any commissioned officer who is designated as officer in charge of a unit by Departmental Orders, Tables of Organization, manpower authorizations, orders of a

flag or general officer in command (including one in command of a multiservice command to which members of the naval service are attached), or orders of the Senior Officer Present, may impose upon enlisted men assigned to his unit, admonition or reprimand and one or more of the punishments authorized by Article 15(b) (2) (A) through (G), UCMJ. Only commanding officers of the grade of major or lieutenant commander or above may impose the increased punishments authorized by Article 15(b) (2) (H), UCMJ.

(3) Jurisdiction over individual.

(a) General rule. At the time nonjudicial punishment is imposed, the accused must be a member of the command of the commanding officer, or of the unit of the officer in charge, who imposes the punishment. A person is "of the command" or "of the unit" if he is assigned or attached thereto, and a person may be "of the command" or "of the unit" of more than one command or unit at the same time, such as persons assigned or attached to commands or units for the purpose of performing temporary additional duty.

(b) Issuance of letter of censure to party before fact-finding body. A person who has been designated a party before a fact-finding body convened under these regulations (see chapter III) remains thereafter "of the command" of the unit or organization to which he was assigned or attached at the time of such designation for the purpose of imposition of the sole nonjudicial punishment of a letter of aumonition or reprimand, even though for other purposes he may have been assigned or attached to another command before such letter was delivered to him. This status terminates automatically when all action contemplated by Article 15, UCMJ, including action on appeal, has been completed respecting the letter of admonition or reprimand.

(c) Action when accused no longer with command. Except as provided in subsection (b) above, if at the time nonjudicial punishment is to be imposed the accused is no longer assigned or attached to the unit, the alleged offense should be referred for appropriate action to a competent authority in the chain of command over the individual concerned. In

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the case of an officer, the referral normally should be to the officer who exercises general court-martial jurisdiction over him.

(d) Nonjudicial punishment of reservists on active duty for training or inactive duty training. If all aspects of the procedures specified by Article 15, UCMJ, and paragraph 133b, MCM, which require the presence of the accused are conducted prior to the termination of the drill or training period during which the act for which punishment is imposed occurs, the imposition of punishment may occur subsequent to the termination of such drill or training period at a time at which the reservist is not subject to the UCMJ. See paragraph 11d, MCM.

Even though no proceedings are conducted during the drill or training period during which the act for which punishment is imposed occurs, nonjudicial punishment may be imposed if all aspects of the procedures described by Article 15, UCMJ, and paragraph 133b, MCM, which require the presence of the accused are conducted on a subsequent period, or subsequent periods, of active duty for training or inactive duty training, unless there has been an intervening discharge or some equivalent change of

status.

As a matter of policy, any physical restraint pending nonjudicial punishment, or imposed as nonjudicial punishment, shall not extend beyond the normal time of termination of a drill or training period.

(4) Delegation to a "principal assistant" under Article 15(a), UCMJ. With the express prior approval of the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, a flag or general officer in command may delegate all or a portion of his powers under Article 15, UCMJ to a senior officer on his staff who is eligible to succeed to command in case of absence of such officer in command. To the extent of the authority thus delegated, the officer to whom such powers are delegated shall have the same authority as the officer who delegated the powers.

(5) Withholding of Article 15, UCMJ punitive authority. Unless specifically authorized by the Secretary of the Navy, commanding officers of the Navy and Marine Corps shall not limit or withhold the exercise by subordinate commanders of any disciplinary authority they might otherwise have under Article 15, UCMJ.

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b. Limitations on imposition of nonjudicial punishment.

(1) Demand for trial. A person in the Navy or Marine Corps who is attached to or embarked in a vessel does not have the right to demand trial by court-martial in lieu of nonjudicial punishment.

(2) Cases previously tried in civil courts. The provisions of section 0107e with respect to trial by summary court-martial of persons whose cases have been previously adjudicated in domestic or foreign criminal courts apply also to the imposition of nonjudicial punishment in such cases.

(3) Units attached to a ship. The commanding officer or officer in charge of a unit attached to a ship of the Navy for duty therein should, as a matter of policy while the unit is embarked therein, refrain from exercising his powers to impose nonjudicial punishment, referring all such matters to the commanding officer of the ship for disposition. This policy shall not be applicable to Military Sealift Command vessels operating under a master, nor is it applicable where an organized unit is embarked for transportation only. When an organized unit is embarked for transportation only in a ship of the Navy, the officer in command of such organized unit shall retain the authority possessed over such unit prior to embarkation, including disciplinary authority. Under ordinary circumstances, the internal control and discipline of a unit embarked for transportation only shall be left to the officer of that unit. Nothing in the foregoing shall be construed as impairing the paramount authority of the commanding officer of the ship, including disciplinary authority, over all personnel of the naval service embarked. In the case of units embarked for transportation only, however, the commanding officer of the ship should take disciplinary action under the Uniform Code of Military Justice over members of such embarked units only in unusual cases concerning incidents occurring on board his ship.

(4) Correctional custody. This punishment shall not be imposed upon persons in grade E-4 and above.

(5) Confinement on bread and water or diminished rations. This punishment shall not be imposed upon persons in grade E-4 and above.

(6) Extra duties. Subject to the limitations set forth in paragraph 131c(6), MCM, this punishment

shall be considered satisfied when the enlisted person shall have performed extra duties during available time in addition to performing his military duties. Normally the immediate commanding officer of the accused will designate the amount and character of the extra duties to be performed. The daily performance of the extra duties, before or after routine duties are completed, constitutes the punishment whether the particular daily assignment requires one, two or more hours, but normally extra duties should not extend to more than two hours per day. Extra duty shall not be performed on Sunday although Sunday counts in the computation of the period for which such punishment is imposed. Guard duty shall not be assigned as punishment.

(7) Reduction in grade. Subject to the provisions of paragraph 131c(7), MCM, this punishment shall not be imposed except to the next inferior grade. Reduction in grade may be imposed only if the condition concerning promotion authority specified in paragraph 131, MCM is met.

(8) Arrest in quarters. An officer or warrant officer undergoing this punishment shall not be required to perform duties involving the exercise of authority over any person who is otherwise subordinate to him.

(9) Forfeiture and detention. The imposition of forfeitures or detention of pay is subject to the provisions of paragraphs 131c(8) and (9), MCM. The provisions of law, however, which required enlisted member in pay grade E-4 (4 years or less service) or below to establish an allotment for his dependents (Q allotment) in order to be entitled to basic allowance for quarters expired 30 June 1973, and the Assistant Secretary of Defense (Comptroller) directed that all Q allotments be stopped, effective 30 June 1973. Therefore, the $40.00 previously subtracted when computing the net amount of pay subject to forfeitures or detention for an enlisted person in pay grade E-4 (4 years or less service) or below, shall no longer be deducted.

c. Nonpunitive measures.

Commanding officers and officers in charge are authorized and expected to use nonpunitive measures, including administrative withholding of privileges not extending to deprivation of normal liberty, in furthering the efficiency of their commands. Such measures may include the temporary withholding of

club, base exchange, commissary, theatre, etc., privileges depending upon the nature of the disciplinary infraction involved.

These measures are not punishment and may be administered either orally or in writing. (See paragraph 128c, MCM.) Nonpunitive letters of censure are private in nature and, other than those issued by the Secretary of the Navy, shall not be forwarded to the Bureau of Naval Personnel or the Commandant of the Marine Corps, quoted or appended to fitness reports, included as enclosures to JAG Manual or other investigative reports, or otherwise included in the official departmental records of the recipient. A sample nonpunitive letter of caution is set forth for guidance in Appendix A-1-a.

d. Procedures.

The procedures prescribed in paragraph 133b, MCM and in this subsection shall be followed in imposing nonjudicial punishment. The requirements of subsections 0102d and e are also applicable if a letter of admonition or reprimand is to be imposed as punishment.

(1) Advice Prior to Imposition.

Prior to holding mast or office hours, the officer contemplating imposition of nonjudicial punishment shall ensure that the individual concerned is fully advised of his legal rights associated with the possible imposition of nonjudicial punishment. This advice shall contain the following as a minimum:

(a) The offense(s) that the accused is suspected of having committed.

(b) That the commanding officer is contemplating mast or office hours for the alleged offense(s).

(c) That, if the accused is not attached to or embarked in a vessel, he has the right to demand trial by court-martial in lieu of mast or office hours. (d) That, if the accused accepts mast or office hours, he will receive a hearing at which time he will be accorded the following rights:

(i) To be present before the officer conducting the hearing.

(ii) To be advised of the offense(s) of which he is suspected.

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(iii) To have his rights under Article 31(b) of the Uniform Code of Military Justice explained to him.

(iv) To be present during the presentation of all information against him, either by testimony of a witness in person or by the receipt of his written statement(s), copies of the latter being furnished to the accused.

(v) To have available for his inspection all items of information in the nature of physical or documentary evidence to be considered by the officer conducting the hearing.

(vi) To have full opportunity to present any matter in mitigation, extenuation, or defense of the offense(s) of which he is suspected.

(vii) To be accompanied at the hearing by a personal representative to speak on his behalf, provided by the accused, who may, but need not, be a lawyer.

(e) That, if he accepts mast or office hours, and if nonjudicial punishment is awarded to him, he will have the right to appeal to higher authority.

(f) That, if the accused demands trial by court-martial in lieu of mast or office hours, the alleged charges against him may be referred to a court-martial.

(2) Hearing Requirements:

An alleged offender in the Navy or the Marine Corps has the right to be accompanied at his Article 15 hearing by a personal representative to advise him and make a statement on his behalf. An accused's right to be accompanied by a personal representative does not create an obligation on the officer contemplating the imposition of nonjudicial punishment to provide such a personal representative to advise and speak on behalf of the accused. It is the responsibility of the accused to obtain and arrange for the presence of such a personal representative if he wishes one. Such a personal representative may, but need not be, a lawyer. The right to be accompanied by a personal representative does not constitute a right to representation in the sense of paragraph 48, MCM, 1969 (Rev.). The granting of this right does not imply that an Article 15 hearing is to become a formal adversary proceeding.

The elemental hearing requirements of paragraph 133b, MCM, are expanded to provide that, when there are controverted questions of fact concerning the suspected offense, witnesses, if present on the same ship, camp, station, or otherwise available, shall be called to testify if this can be done at no cost to the Government.

In addition to the specific hearing requirements prescribed in paragraph 133b, MCM, all Article 15 hearings shall, when requested by the alleged offender, be open to the public to the extent permitted by available space unless, in the opinion of the officer contemplating the imposition of nonjudicial punishment, security interests dictate otherwise. The presence of representative members of the command as observers during all Article 15 hearings is authorized and encouraged as a method of dispelling erroneous perceptions which may exist concerning the integrity and fairness of the imposition of nonjudicial punishment. Nothing in this requirement shall preclude the alleged offender from exercising his right to confer privately with the officer contemplating the imposition of nonjudicial punishment to relate matters. which, in the opinion of the alleged offender, are of a personal nature.

(3) Nonjudicial Punishment Based on Report of Fact-Finding.

If nonjudicial punishment is contemplated on the basis of the record of a court of inquiry or other fact-finding body, a preliminary examination shall be made of such record to determine whether the individual concerned was accorded the rights of a party before such fact-finding body and, if so, whether such rights were accorded with respect to the act or omission for which nonjudicial punishment is contemplated. If the individual concerned was accorded the rights of a party with respect to the act or omission for which nonjudicial punishment is contemplated, such punishment may be imposed without further proceedings. If the individual concerned was not accorded the rights of a party with respect to the offense for which punishment is contemplated, the impartial hearing prescribed in paragraph 133b, MCM, must be conducted. In the alternative, the record of the fact-finding body may be returned for additional proceedings during which the individual concerned shall be accorded the rights of a party with respect to the act or omission for which nonjudicial punishment is contemplated.

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(4) Advice Subsequent to Imposition.

The officer who imposes punishment under Article 15, UCMJ, shall again ensure that the offender is fully informed of his right to appeal.

e. Effective date and execution of punishments.

(1) Forfeitures, detention, and reduction in grade. As provided in paragraph 131e, MCM, these punishments, if unsuspended, take effect on the date imposed. If suspended, and the suspension is later vacated, these punishments take effect for all purposes on the date the suspension is vacated. However, if a forfeiture or detention is imposed while a prior punishment of forfeiture or detention is still in effect, the prior punishment will be completed before the latter begins to run.

(2) Punishments involving restraint and extra duties. The punishments of arrest in quarters, correctional custody, confinement on bread and water or diminished rations, extra duties, and restriction, if unsuspended, take effect when imposed upon an accused attached to or embarked in a vessel. When any such punishments are authorized for, and are imposed upon, an accused not attached to or embarked in a vessel, such punishments, if unsuspended, will take effect when imposed; provided however, that if an accused indicates an intent to appeal his punishment at the time of imposition of nonjudicial punishment, such punishment will be stayed pending completion of such appeal, unless the accused requests otherwise. If an accused does not indicate an intent to appeal at the time of imposition of nonjudical punishment but later indicates an intent to appeal in a timely manner, as prescribed by section 0101f, further serving of punishment will be stayed pending completion of such appeal, unless the accused requests otherwise. As with forfeiture and detention, any prior punishment involving restraint will be completed before the second begins to run. In addition, commanding officers and officers in charge at sea may, when the exigencies of the service require, defer execution of correctional custody and confinement on bread and water or diminished rations for a reasonable period of time, not to exceed fifteen days, after imposition. When correctional custody is to be served in a regular confinement facility, the conditions of service and the provisions for release thereform shall be as prescribed in the Corrections Manual. Otherwise, correctional custody shall be imposed and administered in accordance with SECNAVINST 1640.7 series.

(3) Admonition and reprimand. These punishments take effect when imposed. A letter of censure

is considered to be imposed when delivered to the offender.

f. Appeals.

(1) Time.

(a) In accordance with paragraph 135, MCM, an appeal not made within a reasonable time may be rejected on that basis by the officer to whom the appeal was addressed. In the absence of unusual circumstances, an appeal made more than 15 days after the punishment was imposed may be considered as not having been made within a reasonable time. In computing this appeal period, allowance shall be made for the time required to transmit communications pertaining to the imposition of nonjudicial punishment and the appeal therefrom through the mails. This appeal period commences to run from the date of the imposition of the punishment, even though all or any part of the punishment imposed is suspended.

(b) If unusual circumstances exist which make it impracticable or extremely difficult for the offender to prepare and submit his appeal within the 15-day period, he should immediately advise the officer who imposed the punishment of such circumstances and request an appropriate extension of time within which to submit his appeal. In the absence of such a request, an appeal submitted after the 15-day period will normally be considered as not having been made within a reasonable time. Upon the receipt of such a request, the officer who imposed the punishment shall advise the offender that an extension of time is or is not granted.

(2) To whom made when officer who imposed the punishment is in a Navy chain of command. Any appeal from nonjudicial punishment in accordance with paragraph 135, MCM shall, in the absence of specific direction to the contrary by an officer authorized to convene general courts-martial and superior in the chain of command to the officer who imposed the punishment, be forwarded to the area. coordinator authorized to convene general courtsmartial. When the cognizant area coordinator is not superior in rank or command to the officer who imposed the punishment or when the punishment is imposed by a commanding officer who is an area coordinator, the appeal shall be forwarded to the officer authorized to convene general courts-martial and next superior in the chain of command to the officer who imposed the punishment.

(a) An immediate or delegated area coordinator who has authority to convene general courtsmartial may take action in lieu of an area coordinator

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