discipline Flashcards
ch 8 CG REGS (120 cards)
All persons in the CG shall acquaint themselves with, obey, and so far as their authorities extends, enforce the laws, regulations, and orders relating CG. Absent of instructions, act accordingly with public interest with the customs of the service.
Duties relative to laws, regulations, and order.
CG member shall show subordination, courage, zeal, sobriety, neatness, and attention to duty. Maintain good order discipline and efficiency of the command.
Conduct of persons in the CG
Discipline is set by the ? by their own attention to duty, personal influence, tact, and discretion. Show honor, patriotism, subordination, and fidelity to their oaths of office, respecting all persons under their authority.
Set by the OIC/CO
If a member commits a crime at a shore unit are subject to who? If a member commits a crime he may be pursuant to provisions of the ?
Federal Law those penal laws of the state, territory, or district in which the unit is located. UCMJ
provides commanding officers with the authority to impose NJP without resorting to the judicial forum of a court-martial. NJP may also be referred to as Captain’s Mast,
article 15 ucmj WHICH IS CALLED NON JUDICIAL PUNISHMENT
The power to impose NJP is inherent in the position and not in the individual. Any officer formally appointed to temporarily replace the commanding officer due to the absence of the assigned commanding officer because of death, incapacitation, illness, TAD assignment, relief for cause, or leave has the power of the assigned commanding officer to impose punishment. However, the maximum punishment that may be imposed by the mast authority is limited by the rank of the successor.
Acting commanding officer.
? will be appointed to assist the member in preparing for and participating in the mast proceedings, unless the member affirmatively declines appointment of a mast representative. The representative should be an officer or petty officer and must, if practicable, be attached to the unit of the commanding officer conducting the mast. The mast representative serves primarily to assist the member in preparing for and presenting the member’s side of the matter and to speak for the member, if the member desires.
Mast representative.
Entitlement. In lieu of a mast representative, the member may elect to be accompanied at mast by a spokesperson. A ? is different from a mast representative and does not perform the same role at a mast. A ? does not have to be a crewmember or even a member of the Coast Guard, and may be an attorney retained by the member. At the sole discretion of the commanding officer, a member may be accompanied by an assigned mast representative in addition to the ?.
Spokesperson
who can give the max punishment of 14 days restriction, 14 days extra duty(E6 and below) and 3 days Forfeiture of pay?
OIC
The Administrative corrective measures generally fall into three categories?
extra military instruction,
administrative withholding of privileges,
and nonpunitive censure.
A commanding officer who receives a report alleging that any of the following offenses were committed is prohibited from initiating a command-level investigation into these allegations:
Article 120(a), UCMJ, rape;
(ii) Article 120(b), UCMJ, sexual assault;
(iii) Article 120(c), UCMJ, aggravated sexual contact;
(iv) Article 120(d), UCMJ, abusive sexual contact;
(v) Article 120b(a), UCMJ, rape of a child;
(vi) Article 120b(b), UCMJ, sexual assault of a child;
(vii) Article 120b(c), UCMJ, sexual abuse of a child;
(viii) Article 125, UCMJ, forcible sodomy; and
(ix) Article 80, UCMJ, attempts to commit offenses listed in (i)-(viii).
Who shall designate a preliminary investigation officer?
CO/OIC orally or in writing
contact legal if you can’t assign a PIO document on a cg 4910
What services does a PIO provide for the member ?
provides critical advice on developing an investigation plan, obtaining evidence, documenting witness statements, providing rights advisements, and applying the rules of evidence.
Rights warning. Under Article 31(b), UCMJ also called the Miranda/Tempa rights states?
a military member suspected of an offense may not be questioned unless he or she is informed of the nature of the offense, advised that he or she does not have to make a statement, and informed that any statement made may be used as evidence. The PIO must advise the person named as the suspect of the investigation of his or her rights under Article 31(b), UCMJ, before asking that person any questions. UCMJ and Miranda/Tempia Rights, Form CG-5810E should be used.
If a member is attached to a vessel do they have the right to refuse NJP?
Will only receive NJP
If a member is attached a shore unit?
a member has the right to request Court martial instead of NJP.
Can OIC reduce rank?
Reduction in pay grade. Only E-6 and below may be reduced at mast. The maximum reduction in pay grade at mast, regardless of the rank of the commanding officer imposing punishment or the rank of the member facing NJP, is to the next inferior pay grade. Only commissioned officers serving as mast authority may reduce an enlisted member; officers-in-charge may not.
What do you do if a member gets arrested?
OIC shall state the facts on a Notifications of civil arrest shall be made using Personnel Security Action, Form CG-5588. notify Next of Kin to parents if under 21 report any civil conviction shall be submitted to Commander (CG PSC-OPM)
Emergency Situations. Situations arise periodically which demand that a commanding officer immediately restrain a member to prevent?
loss of life, injury to their person or others or serious loss of property. Where local circumstances warrant such short-term (normally not more than 24 hours) restraint may be accomplished in a civilian jail.
what is the report of Offense and Disposition, often called the Booking Chit?
CG- 4910, is often the first step in the (education) NJP process. CG-4910 provides a step-by-step approach to document the actions taken by the command
Who normally designates a member of the command to conduct a preliminary inquiry?
The XPO
what can a (PIO) Preliminary inquiry officer usually offer to the OIC?
- Closure
- NJP
- UCMJ
- other Administrative measures
Can a member appeal NJP, if so how many days?
5
Can you as the OIC demand a search?
as long as you have Probable cause, and seek help from legal.