JAG INVESTIGATION

Question 1

Nonpunitive Measures

Answer 1

counseling, admonition, reprimand, exhortation,
disapproval, criticism, censure, reproach, rebuke, extra military instruction, or the administrative withholding of privileges.

Question 2

Extra Military Instruction Definition and limitation

Answer 2

Definition:
Extra military instruction (EMI) is a bona
fide training technique that attempts to improve an individual’s
performance by focusing additional effort on some deficiency in
the individual’s performance of duty. which may only be imposed by courts-martial or
nonjudicial punishment, respectively.

Limitations:
(1) normally not more than two hours per day.

(2) outside of normal working hours will
be conducted consecutively with the Service member’s workday,
unless the commander determines that military exigencies require
a deviation. Commanders of Reserve Component personnel will not
assign EMI outside normal periods of inactive-duty training.

(3) When the deficiency is corrected, EMI stops.

(4) not assigned on a Service member’s
religious day of observance.

(5) EMI will not be used for the purpose of depriving the Service member of normal liberty.
(6) The authority to assign EMI during normal working hours is an inherent part of the authority that officers, noncommissioned officers, and petty officers have over subordinates.

(7) Only a commander or officer in charge (as defined in
subsection 0106(b)) may assign EMI to occur outside of normal
working hours. However, a commander or officer in charge may
delegate, in writing, the authority to assign EMI outside of
working hours to other officers and petty officers in connection
with duties and responsibilities assigned to them.

Question 3

Administrative Withholding of Privileges

Answer 3

A privilege is a benefit, advantage, or
favor provided for the convenience or enjoyment of an
individual.

commanders
may lawfully restrict normal liberty for nonpunitive purposes
such as pretrial restraint, liberty-risk programs for the
protection of foreign relations, or when Service members are
required to perform duties outside of normal working hours to
accomplish essential tasks or work necessary to maintain
operational readiness.