Petty officers may not be assigned extra duties that
would demean their grade or position.
FORFEITURE OF PAY.Forfeiture of pay is a
permanent loss of a specified amount or a temporary
withholding of a certain amount of pay. The detention
period must be specified. The money detained is
normally returned at the end of the detention period, but
it can be detained for a period of 1 year.
APPEALS.If persons consider their punishment
under article 15 to be unjust or out of proportion to the
offense, they may appeal to the next superior authority in
the chain of command. The appeal must be made within a
reasonable time (generally 5 days) and promptly
forwarded. If the superior authority upholds the appeal,
all rights, privileges, and property are restored.
INCRIMINATION.Under article 31 of the UCMJ,
compulsory self-incrimination is prohibited. The
accused must be informed of the nature of the charges
against him/her. The accused must also be advised that
he/she does not have to make any statement regarding the
offense of which accused, but that any statement made
may be used as evidence against him/her in a trial by
court-martial. No statement obtained through the use of
coercion, unlawful influence, or unlawful inducement
may be used as evidence against the accused.
MERITORIOUS AND REQUEST MASTS.
Not all masts are for disciplinary purposes. A
meritorious mast may be held by the commanding
officer to give awards or commendations to those
persons who have earned them.
Article 1107 of Navy Regs grants the right for any
person to communicate with the commanding officer.
You cant just walk up to the captain, however, and start
talking. For the purpose of hearing valid requests or
complaints from crew members, the CO sets certain
times aside. This practice is called request mast. The
person having a request or grievance should first try to
resolve the problem through the chain of command.
Failing that, the person may request mast.
Based on article 16 of the UCMJ, courts-martial are
of three types: summary, special, and general. The
captain decides the type of court-martial to award based
on the nature, time, and place of the offense.
A summary court-martial consists of one
commissioned officer. If the commanding officer is the
only officer with the command, that officer acts as the
summary court officer. A summary court can award any
sentence that may be given at mast. It can also award the
additional punishments of confinement for 1 month and
hard labor without confinement for 45 days. Any person
awarded confinement at a summary court-martial will
then be held, as appropriate.
A special court-martial consists of not less than
three members; or a military judge and not less than
three members; or only a military judge. When a
military judge (a qualified lawyer) is detailed to the
court, the accused has the right to know the identity of
the military judge. The accused also has the right to
consult with the defense counsel and to request that the
court consist of only the military judge. The request
must be in writing, submitted before the court is
assembled, and approved by the military judge. A
special court-martial may award the same punishment
as a summary court, or it may award a more severe
punishment. For example, it can award a bad-conduct
discharge, confinement for 6 months, loss of two-thirds
pay per month for 6 months, and hard labor without
confinement for 3 months.
A general court-martial consists of a military judge
and not less than five members; or only a military judge.
Under the conditions described for a special court, the
accused may request that the court consist of only a
military judge. A general court-martial can award any
punishment not forbidden by the UCMJ, including
death when specifically authorized for the offense.
All accused persons have the right to be represented
before special and general courts-martial by defense
counsel. This counsel may be a civilian or a military
lawyer selected by the accused or a defense counsel
appointed by the convening authority. If a civilian
counsel is selected, the accused must pay the counsels