CONFINEMENT ON BREAD AND WATER
OR DIMINISHED RATIONS.Confinement on
bread and water or diminished rations may be imposed
only on enlisted persons E-3 and below aboard ship.
EXTRA DUTY.Extra duty is the assignment of
any duty (except guard duty) to be performed after the
persons regular working hours. Extra duty is not to
exceed 2 hours daily or to be performed on holidays.
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.
P ROT E C T I O N
AG A I N S T
S E L F -
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.
COURTS-MARTIAL
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.
Summary Courts-Martial
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.
Special Courts-Martial
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.
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