Navy Regulations and the UCMJ

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Navy Regulations and the UCMJ
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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.

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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.

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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.

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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
• http//neds.nebt.daps.mil/regs.htm

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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.

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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.

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Senior Officer Present

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

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Uniform Code of Military Justice

• History
• Purpose
• Scope
• Persons subject to UCMJ
• Specific offenses from Naval Orientation
• http//jaglink.jag.af.mil/ucmj.htm

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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)

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Uniform Code of Military Justice

• Purpose
• Seeks to promote good order, high morals, and
  discipline
• Scope
• Applies to every aspect of military life

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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

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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)

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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)

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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

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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.)

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Non-Judicial Punishment

• History
• Greeks had NJP
• Royal Navy commanders could sentence sailors to
  death!
• Todays form of NJP was established in 1951
  (Article 15 of UCMJ)

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Non-Judicial Punishment

• Who may impose NJP?
• COs
• Officers in Charge and their superiors
• Who may receive NJP?
• Any military member

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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.

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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 accuseds chain of
  command) does a preliminary investigation.

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NJP Procedures

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

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NJP Procedures

• Step 4 Captains 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

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NJP Procedures

• Step 4 Captains Mast
• Commanding Officer
• weighs all evidence statements
• determines guilt or innocence and determines
  amount type of punishment

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NJP Types of Punishment

• Extra duty (up to 45 days)
• Restriction (up to 45 days)
• Forfeiture of 1/2 months 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)

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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 months pay for 2 months
• 45 days restriction
• 45 days extra duty
• Reduction in rate
• NOT 3 days bread water

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Courts-martial
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Types of Courts-Martial

• Summary
• Special
• General

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Summary Court-Martial
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Summary Court-Martial

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

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Summary Court-Martial

• Types of punishment
• 1 month confinement
• Reduction in Rate
• Forfeiture of Pay
• Fines, Restriction
• Accused CANNOT be discharged

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Special Court-Martial
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Special Court-Martial

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

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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

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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

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General Court-Martial
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General Court-Martial

• Jurisdiction
• Normally officers and for capital offenses
• Convening Authority
• President
• SECNAV
• Fleet C-in-C
• COs empowered by SECNAV or President

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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.

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General Court-Martial

• Punishment
• Confinement at Hard Labor
• Total forfeiture of pay
• Dishonorable Discharge
• Officer Dismissal
• Life Imprisonment or Death Penalty

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Potential Test Questions

• What document gives the Commanding Officer his
  authority?
• Describe the procedure for taking someone to
  Captains Mast.
• What types of punishments can be awarded at
  Captains Mast?

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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?