Yeoman Chapter 4: Legal Flashcards
(48 cards)
Types of mast
Request mast, meritorious mast, disciplinary mast
What is a request mast
Request to speak with the servicemember’s CO if an issue cannot be resolved informally
What is a request mast not used for?
Attack the results of disciplinary action
Interfere with CO’s ability to carry out mission
If being processed for involuntary separation
What form documents a meritorious mast?
NAVPERS 1079/613
Which article of the UCMJ outlines NJP procedures?
Article 15
Who can impose NJP?
CO, OIC, officers delegated by SECNAV.
XO can impose proceedings if acting in absence of CO, but cannot be delegated to
When can a member request court-martial in lieu of NJP?
Up until CO announces punishment, unless attached to or embarked on a vessel
What is considered a minor offense?
Misconduct normally handled at a SCM and involving punishment no longer than 30 days confinement
When can NJP not be imposed?
An act that was already tried in a court that derives its authority from the US. Civilian and juvenile court trials can also be subject to NJP
What are the limits of authority for COs and OICs to impose NJP?
None. Can impose for both on and off base offenses unless the off-base offense is traffic or previously adjudicated by civilian authorities
What is included in the NJP package?
Rights/Acknowledgement statement NAVJAG 5810/10
NAVPERS 1626/7 Report of offenses
NJP rights notification form
Booker rights pg. 13
Any other evidence
What is the suspects rights form used for?
NAVJAG 5810/10, when suspect desires to waive self-incrimination rights and make a statement
What is a PI?
Preliminary Inquiry, an investigative tool to determine if an incident warrants admin or judicial action
Who can be a PIO?
Preliminary Inquiry Officer, an E-7 or above, but must be one paygrade higher than alleged offender
How long to complete a PI?
Three working days
What document should the immediate CO when receiving a report of offense?
Rules for Court-Martial (RCM) Rule 306
What courses of action does a CO have to dispose of an offense?
No action
Administrative action
NJP
Disposition of charges
Forwarding for disposition
National Security Matters
Where can charges be forwarded?
To a superior or subordinate authority
What can a CO do if the matter is detrimental to war or national security?
Forward matter to general court-martial convening authority
Which article details the statute of limitations?
Article 43
What constitutes pre-NJP advice?
Contemplate action
Suspected offenses
Government evidence
Right to refuse NJP (goes to SCM, SPCM, or GCM instead)
No right to confer with counsel, but highly encouraged (Booker rights)
Right to be at the hearing
XOI
Executive Officers Inquiry, May dismiss a case but cannot impose punishment
What is the limit on publishing NJP results?
No earlier than five working days and within 30 calendar days
Eight types of NJP
Admonition and reprimand
Arrest in quarters
Restriction
Forfeiture of pay
Extra duty
Reduction in grade
Confinement
Correctional custody
