Navy Regulations and the UCMJ

Learning Objectives The student will know... (1) the purpose, scope, and constitutional basis of U.S. Navy Regulations and the Uniform Code of Military Justice and relate these regulations to personal conduct in the military service.

Learning Objectives The student will know... (2) junior officer responsibilities relative to the military justice system including familiarization with non-judicial punishment (NJP), courts- martial, and essential publications relating to military justice, including: the proceedings of NJP and the punishment that may be awarded at NJP. the 3 types of courts-martial and the system of courts- martial review.

U.S. Navy Regulations Things to know about Navy REGS: (1) Principal regulatory document for the Department of the Navy (DON) (2) Endowed with the sanction of law (3) No other directive in the DON may conflict, alter, or amend U.S. Navy Regulations (4)The CNO is responsible for ensuring that Navy Regs conform to the current needs of the DON.

U.S. Navy Regulations Some Chapters 2: Discusses origin, authority, and organization found in the Navy Department 8: Duties of the Commanding Officer 9: Senior Officer Present (Definition & Authority) 10: Precedence, Authority, and Command 12: Honors and Ceremonies

The Commanding Officer Responsibility for his command is absolute; he may delegate authority, but not responsibility. Responsible for accomplishment of mission and duties assigned. Responsible for maintaining good order and discipline.

Precedence, Authority and Command Detailed in Chapter 10 of Navy Regs. Shows relative rank and precedence of officers of different services. Discusses exercise of authority. Authority over subordinates. Contradictory and conflicting orders. Succession of command. Succession in battle.

Senior Officer Present Definition The senior line officer present Authority SOPA shall assume command of all DON personnel when deemed necessary.

Uniform Code of Military Justice History Purpose Scope Persons subject to UCMJ Specific offenses from Naval Orientation

Uniform Code of Military Justice History and Background Phoenicians were first people to have strict laws concerning military personnel 1775, “Rules for the Regulation of the Navy of the United Colonies” was drafted by Congress 1950, Congress adopted the UCMJ (applies to all the armed forces)

Uniform Code of Military Justice Purpose Seeks to promote good order, high morals, and discipline Scope Applies to every aspect of military life

Uniform Code of Military Justice Who is subject to the UCMJ? Active duty personnel Reservists on active duty US Naval Academy Midshipmen Retired personnel receiving benefits Civilians under martial law NROTC Midshipmen on summer cruise

Punitive Articles of the UCMJ Some Articles Conspiracy (Art. 81) Desertion (Art. 85) Absence without Leave (Art. 86) Missing Movement (Art. 87) Disrespect Toward A Superior Commissioned Officer (Art. 89)

Punitive Articles of the UCMJ More Articles Assaulting or Willfully Disobeying A Superior Commissioned Officer (Art. 90) Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer, or Petty Officer (Art. 91) Failure to Obey Order or Regulation (Art. 92) Aiding the Enemy (Art. 104) Spies (Art. 106) Drunken or Reckless Driving (Art. 111) Wrongful Use, Possession, etc. of Controlled Substances (Art. 112a)

Punitive Articles of the UCMJ More Articles Murder (Art. 118) Manslaughter (Art. 119) Rape and Carnal Knowledge (Art. 120) Assault (Art. 128) Perjury (Art. 131) Conduct Unbecoming an Officer and a Gentleman (Art. 133) General Article (Art. 134) – Catch All

Non-Judicial Punishment What is NJP? In order to maintain good order and discipline within his command, the UCMJ gives commanding officers the authority to award certain types of punishment when necessary. It is NOT a trial! (No lawyers.) Exacting standards of a court proceeding do not apply (regarding evidence, etc.)

Non-Judicial Punishment History Greeks had NJP Royal Navy commanders could sentence sailors to death! Today’s form of NJP was established in 1951 (Article 15 of UCMJ)

Non-Judicial Punishment Who may impose NJP? CO’s Officers in Charge and their superiors Who may receive NJP? Any military member

Non-Judicial Punishment Does the accused have the right to refuse NJP? If they are attached to a shore command, yes. They can choose a court-martial instead. What about at sea? Members cannot refuse NJP because it could undermine good order and discipline.

NJP Procedures Step 1: Someone is officially accused of committing an offense. A report chit is written up and sent to the Legal officer. Step 2: An officer (not in the accused’s chain of command) does a preliminary investigation.

NJP Procedures Step 3: Executive Officer’s Inquiry (XOI) XO holds a pre-mast hearing Makes recommendation to CO dismissal of case award punishment at NJP send to court-martial

NJP Procedures Step 4: Captain’s Mast CO stands behind podium Division officer and chief are present Accused is summoned CO reads his/her rights Accused has right to make statement on own behalf

NJP Procedures Step 4: Captain’s Mast Commanding Officer weighs all evidence & statements determines guilt or innocence and determines amount & type of punishment

NJP Types of Punishment Extra duty (up to 45 days) Restriction (up to 45 days) Forfeiture of 1/2 month’s pay for 2 months Reduction in rate (“Busting”) Admonition & Reprimand 3 days bread and water at sea only (can only award to E-1 thru E-3)

Limits of Punishments Rank of CO or OIC limits what he can do. O-4 (LCDR) to O-6 (CAPT) can award to an E-5 the following: 1/2 month’s pay for 2 months 45 days restriction 45 days extra duty Reduction in rate NOT 3 days bread & water

Courts-martial

Types of Courts-Martial Summary Special General

Summary Court-Martial

Jurisdiction Only for enlisted Minor offenses (Non-capital) Convening Authority: CO Composition: (1) Commissioned Officer

Summary Court-Martial Types of punishment 1 month confinement Reduction in Rate Forfeiture of Pay Fines, Restriction Accused CANNOT be discharged

Special Court-Martial

Jurisdiction Officers and enlisted Serious non-capital offenses Convening Authority CO of any ship, shipyard, base or station

Special Court-Martial Composition Military Judge and not less than 3 members Military Judge ONLY (if requested) Defense and trial counsel are appointed Enlisted may request 1/3 of members be an enlisted person from another command Court hears evidence and votes on findings

Special Court-Martial Punishment Same as for Summary CM plus Confinement with Hard Labor for 6 months 6 months forfeiture of 2/3 pay! Dishonorable Discharge

General Court-Martial

Jurisdiction Normally officers and for capital offenses Convening Authority President SECNAV Fleet C-in-C CO’s empowered by SECNAV or President

General Court-Martial Composition Military Judge and not less than 5 members Military Judge ONLY (if offense non-capital and requested) Defense and trial counsel appointed IF accused is enlisted, he/she can request 1/3 of members be enlisted.

General Court-Martial Punishment Confinement at Hard Labor Total forfeiture of pay Dishonorable Discharge Officer Dismissal Life Imprisonment or Death Penalty

Potential Test Questions What document gives the Commanding Officer his authority? Describe the procedure for taking someone to Captain’s Mast. What types of punishments can be awarded at Captain’s Mast?

Potential Test Questions Describe the make-up of a General Court- Martial. What types of punishments can be awarded at a Special Court-Martial? What are the 3 different kinds of Court- Martial? Which is used for strictly enlisted?