§ 718.1 General provisions.

(a) Under the provisions of the Missing Persons Act, as amended, a finding of presumptive death is made by the Secretary of the Navy when a survey of all available sources of information indicates beyond doubt that the presumption of continuance of life has been overcome. When a finding of presumptive death is made, a man's pay accounts are closed as of the day following the expiration of the 12 months' absence or a longer period when justified, and the various benefits, such as the six months' gratuity, become payable. A finding of presumptive death concerning an officer or enlisted man of the Navy means simply that as of the date thereof he is for the purposes of Naval administration no longer alive. It does not mean that death occurred on that or on any other certain date.

(b) Findings of presumptive death are never made when the "missing" status has not continued for at least 12 months. Whenever, subsequent to the expiration of the 12th month, cumulative or other evidence establishes by its preponderance that a "missing" person is no longer alive, a prompt finding of presumptive death will be made. Also, such a finding will be made whenever justified by the lapse of time beyond the 12 months' absence without specific information being received.

(c) The Secretary of the Navy, or such subordinate as he may designate, has authority to make all determinations necessary in the administration

of the act, and for the purposes of the act determinations so made shall be conclusive as to death or finding or death, as to any other status dealt with by the act, and as to any essential date including that upon which evidence or information is received in the Department. The determination of the Secretary of the Navy, or of such subordinate as he may designate, is conclusive as to whether information received concerning any person is to be construed and acted upon as an official report of death. When any information deemed to establish conclusively the death of any person is received in the department, action shall be taken thereon as an official report of death, notwithstanding any prior action relating to death or other status of such person. Under the foregoing provisions a determination of death is made prior to the expiration of 12 months when the evidence received is considered to establish conclusively the fact of death and settlement of accounts is made to the date established as the date of receipt of evidence on which the fact of death is established.

[17 FR 5390, June 14, 1952]

§ 718.2 Allotments.

During such period as a person is in a status of missing, missing in action, interned in a foreign country, captured by a hostile force, beleaguered by a hostile force, or besieged by a hostile force, allotments from his pay and allowances may be initiated, continued, discontinued, increased, decreased, suspended or resumed in behalf of his dependents and for such other purposes as are justified by the circumstances and are in the interests of the person or of the Government. (R.S. 161, sec. 5031, 70A Stat. 278, as arnended; 5 U.S.C. 22, 10 U.S.C. 5031, 50 U.S.C. App. 1013-1015)

[26 FR 12658, Dec. 29, 1961]

§ 718.3 Transportation of dependents.

(a) Whenever a person in active service is officially reported as dead, injured, missing for a period of 30 days or more, interned in a foreign country, or captured by a hostile force, his dependents, household and personal ef

fects including one privately owned motor vehicle may be moved (including packing, crating, drayage, temporary storage, and unpacking of household and personal effects) to the official residence of record for any such person or to the residence of his dependent, next of kin, or other person entitled to receive custody of the effects in accordance with the provisions of paragraph (d) of this section; or, upon application by such dependent, next of kin, heir or legal representative, or other person determined in accordance with paragraph (d) of this section, or upon the person's application if injured, to such location as may have been determined in advance or as may be subsequently approved, except that a reasonable relationship must exist between the condition and circumstances of the dependents and the destination to which transportation is requested. In the case of a person in an injured status, transportation of his dependents or household and personal effects may be authorized only when the hospitalization or treatment of the injured person will be of prolonged duration. Payment in money of amounts equal to such commercial transportation costs or a monetary allowance in lieu of transportation as authorized by law for the whole or such part of the travel for which transportation in kind is not furnished, may be authorized, when such travel has been completed.

(b) When the Secretary of the Navy or his designee determines that an emergency exists and that such sale would be in the best interests of the Government, he may provide for the disposition of the motor vehicles and other bulky items of such household and personal effects of the person by public or private sale. Prior to any such sale, and if practicable, a reasonable effort shall be made to determine the desires of the interested persons. The net proceeds received from such sale shall be transmitted to the owner, next of kin, heir or legal representative, or other person determined in accordance with paragraph (d) of this section; but if there be no such persons or if such persons or their addresses are not ascertainable within one year from the date of sale, the net

proceeds may be covered into the Treasury as miscellaneous receipts.

(c) The Secretary of the Navy or his designee is authorized to store the household and personal effects of the person until such time as proper disposition can be made. The cost of such storage and transportation, including packing, crating, drayage, temporary storage, and unpacking of household and personal effects, will be charged against appropriations currently available.

(d) The following provisions apply to the determination of the "other person" or persons referred to in paragraphs (a) and (b) of this section who may receive the effects or proceeds.

(1) If no duly appointed legal representative of the owner of the personal effects makes demand upon the Department of the Navy for the effects, the determination by naval authorities as to the next of kin or heirs of the owner of the personal effects may be made on the basis of the following: (i) Personnel records; or

(ii) Other documents applicable to the case; or

(iii) Title 10, U.S.C. Section 2771, to the extent that it prescribes an order of precedence among next of kin or heirs, namely, the widow or widower of the owner; if no widow or widower, then the child or children of the owner and descendants of deceased children, by representation; if none of the above, the parents of the owner or the survivor of them; or if none of the above, other persons determined to be eligible under the laws of the domicile of the owner.

(2) Such determination should be regarded as administrative rather than legal, as the determination does not vest title to effects or proceeds in the next of kin, heirs, or legal representative to whom the effects are delivered. Therefore, delivery of the personal effects to other than the owner will be made subject to the following advisory note which should be written on a copy of the inventory or in a letter:

Delivery of the personal effects into the custody of other than the owner thereof, by the Department of the Navy, does not in any way vest title to the effects in the recipient. Delivery of the effects to the recipient is made so that distribution may be

made in accordance with the laws of the state in which the owner of the effects was legally domiciled or to restore the effects to the owner in the event of his return from a missing status.

(3) When it is impracticable to divide the personal effects of a person into equal shares and two or more persons within a class, as provided in 10 U.S.C. section 2771, are entitled to receive the effects or a share of the effects but who cannot agree among themselves as to which one of them shall receive the effects, then all of the effects may be delivered to one such person and other persons in the class concerned may be advised of the name of the person to whom the effects were delivered.

(R.S. 161, sec. 5031, 70A Stat. 278, as amended; 5 U.S.C. 22, 10 U.S.C. 5031, 50 U.S.C. App. 1013-1015)

[26 FR 12659, Dec. 29, 1961, as amended at 37 FR 6472, Mar. 30, 1972]

§ 718.4 Delegations.

The Secretary of the Navy has delegated to the Director, Personal Affairs Division, Bureau of Naval Personnel with respect to personnel of the Navy, and to the Head, Personal Affairs Branch Personnel Department, United States Marine Corps, with respect to personnel of the Marine Corps, authority to make all determinations necessary to administer the act.

[17 FR 5391, June 14, 1952, as amended at 19 FR 7959, Dec. 2, 1954]

PART 719-REGULATIONS SUPPLEMENTING THE MANUAL COURTS-MARTIAL

Subpart A-Nonjudicial Punishment

Sec.

719.101 General Provisions.

719.102 Letters of censure.

Subpart B-Convening Courts-martial

Sec.

719.108 Superior competent authority defined.

Subpart C-Trial Matters 719.109 Trial guides.

719.110 Reporters and interpretors. 719.111 Oaths.

719.112 Authority to grant immunity from prosecution.

719.113 10 U.S.C. 839(a) sessions. 719.114 Pretrial agreements in general and special courts-martial.

719.115 Release of information pertaining to accused persons; spectators at judicial sessions.

719.116 Preparation and forwarding of charges.

719.117 Optional matter presented when court-martial constituted with military judge.

719.118 Court-martial punishment of reduction in grade.

719.119 Forfeitures, detentions, fines. 719.120 Preparation of records of trial.

Subpart D-Post-trial Matters

719.121 Request for appellate defense

counsel.

719.122 Review by staff judge advocate. 719.123 Action on courts-martial by convening authority.

719.124 Promulgating orders. 719.125 Review of summary and special courts-martial.

719.126 Action on special courts-martial by general court-martial convening authorities.

719.127 Supervision over court-martial records and their disposition after review in the field.

719.128 Criminal activity, disciplinary infractions, and court-martial report.

719.129 Remission and suspension.

719.130 Effective date of confinement and forfeitures when previous sentence not completed.

FOR

719.131

719.103 Designation of additional convening authorities.

719.104 Preparation of convening orders. 719.105 Changes in membership after court has been assembled. 719.106 Convening special courts-martial. 719.107 Restrictions on exercise of courtmartial jurisdiction.

Vacation of suspension. 719.132 Approval of sentences extending to dismissal of an officer.

719.133 Service of decision of Navy Court

of Military Review on accused.

719.134 Execution of sentence.

719.135 Request for immediate execution

of discharge.

719.136 Filing of court-martial records.

Subpart E-Miscellaneous Matters

719.137 Financial responsibility for costs incurred in support of courts-martial. 719.138 Fees of civilian witnesses. 719.139 Warrants of attachment. 719.140 Security of classified matter in judicial proceedings.

719.141 Court-martial forms.

a

be applicable to Military Sealift Command vessels operating under 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 duiies. 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 1, 2, or more hours, but normally extra duties should not extend to more than 2 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 monthly contribution from his pay that an enlisted person in pay grade E-4 (4 years or less service) or below with dependents is required by law to make to entitle him to a basic allowance for quarters is $40. As provided in paragraphs 131c (8) and (9); MCM, this amount must be deducted before the net amount of pay subject to forfeiture or detention is computed. When a punishment of a person in pay grade E-4 or above includes both reduction to pay grade E-4 (4 years' or less service) or below and forfeiture or deducted detention, $40 must be before computing the net amount of pay subject to forfeiture or detention.

(c) Nonpunitive measures. (1) 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.

(2) These measures are not punishment and may be administered either orally or in writing. (See paragraph 128c, MCM.) Nonpunitive letters of censure, 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, or otherwise included in the official departmental records of the recipient. A sample nonpunitive letter of caution is set forth for guidance in Appendix section 1-a.1

party before a fact-finding body convened under these regulations (see Subpart J of this part) 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 admonition 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 10 U.S.C. 815, including action on appeal, has been completed respecting the letter of admonition or reprimand.

(iii) Action when accused no longer with command. Except as provided in paragraph (a)(3)(ii) of this section, 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 the case of an officer, the referral normally should be to the officer who exercises general court-martial jurisdiction over him.

(4) Nonjudicial punishment of reservists on active duty for training or inactive duty training. If all aspects of the procedures specified by 10 U.S.C. 815, 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 Uniform Code of Military Justice. See paragraph 11d, MCM.

(i) 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 10 U.S.C. 815, 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.

(ii) 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.

(5) Delegation to a “principal assistant" under 10 U.S.C. 815(a). 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 10 U.S.C. 815 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.

(6) Withholding of 10 U.S.C. 815 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 10 U.S.C. 815.

(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 § 719.107(e) 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