1. Nonpunitive Measures 1

2. Purpose & Function –Correct Minor Infractions and Deficiencies Without Permanent Record –Teaching and Training Device –“Second Chance” allowing correction without resorting to formal punitive action Nonpunitive Measures 2

3. Types Of Nonpunitive Measures Counseling & Censure Admonition / Reprimand Extra Military Instruction Administrative Withholding of Privileges 3

4. Non-Punitive Measures Function Provides Commander a wide range of options to promote: Quick Application of discipline Chance for soldier to correct issue before it impacts his record Proper functioning of discipline and justice 4

5. Counseling & Censure ORAL or NONPUNITIVE LETTER OF CAUTION –Private / One Copy –Not an Admonition or Reprimand –Not Mentioned in Performance Evaluations / Fitness Reports 5

6. Admonition / Reprimand More serious than Censure Oral or Written Possibly filed in service member’s record –Member has right to include written rebuttal 6

7. Extra Military Instruction (EMI) A Leadership Tool Training Purpose Only Analysis –Identify Deficiency –Assign Task - Logical Relationship Test Written Order 7

8. Limitations 2 Hours (maximum) Per Day / Not on Sabbath Reasonable Number of Days Entitled to Normal Liberty Upon Completion No Service Record Book Entry Made 8

9. Who May Assign EMI? During Working Hours: Officers, Noncommissioned Officers and Petty Officers After Working Hours: Commanding Officers May Delegate to Officers and Senior Enlisted 9

10. Administrative Withholding Privileges Rights Cannot Be Withheld –part of compensation –required for performance of duties Privileges Can Be Withheld –benefit for service member’s enjoyment 10

11. Examples Of Privileges Special Leave (vacation without charged leave) Exchange of Duty Special Command Programs Base / Ship Library Base Clubs Base Parking 11

12. Denial Of Leave – NOT Allowed If used as a non-punitive measure Narrowly applied in other circumstances: –liberty risk programs –work related limitations on leave –pre-trial restraint –Post-trial or NJP punishment Health / Safety Reasons 12

13. Abuse of Nonpunitive Measures Order is unenforceable Court-martial may reduce sentence 13

14. Challenging Illegal Nonpunitive Measures Request private meeting with Commanding Officer Complaint Against Commanding Officer Complaint Against Other Senior Congressional Inquiry Inspector General Hotline Complaint 14

15. Other Nonpunitive Measures Adverse efficiency / evaluation reports Rehabilitative transfer Administrative reduction in grade Bar to reenlistment Revocation of security clearance Specialty Reclassification 15

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