CHAPTER 2MILITARY CONDUCT AND JUSTICELEARNING OBJECTIVESUpon completion of this chapter, you should be able to do the following:1. Describe how to conduct a preliminary investi-3. Describe the content of the Standard Organiza-gation of offenses.tion and Regulations of the U. S. Navy.2. Recognize the purpose and content of U.S.4. Explain the Status of Forces AgreementNavy Regulations.concerning members of the armed forces inforeign countries.The topics in this chapter deal primarily withregulations that senior enlisted personnel shouldbe aware of to perform their job with consistency.We will first examine the procedures for con-ducting a preliminary investigation of offenses.Then we will introduce you to the purpose andcontent of both U.S. Navy Regulations andStandard Organization and Regulations of theU.S. Navy. We will close the chapter with adiscussion of the Status of Forces Agreement(SOFA).THE PRELIMINARYINVESTIGATIONAt some point in your career, the legal officermay assign you to serve as a preliminary inquiryofficer (PIO). As the PIO you will conduct aninvestigation of offenses before a captain’s masttakes place. You will only investigate relativelyminor offenses that are not under investigationby the Naval Investigative Service (NIS) or a fact-finding body.REPORT AND DISPOSITION OFOFFENSE(S) (REPORT CHIT)Naval personnel may be reported for offensesinvolving military conduct or justice. A complaintagainst someone goes through a series of stepsfrom the time it leaves the initiator to the timeof the preliminary inquiry.The legal officer receives the complaint anddrafts charges and specifications against theaccused on a locally prepared report chit form.Following the guidelines of part IV of the Manualfor Courts-Martial, 1984 (MCM), the legal officerwrites the charges and specifications using court-martial language. The charges and specificationsare then typed on the NAVPERS 1626/7, Reportand Disposition of Offense(s) form (figs. 2-1and 2-2). The accused’s service record suppliesthe information required on the front of thereport chit. The legal officer or the person whosubmitted the complaint then signs the report.The legal officer conducts a personal interviewwith the accused to inform, the person of hisor her rights under article 31(b) of the UniformCode of Military Justice (UCMJ). When theaccused acknowledges he or she understandshis or her rights, he or she then signs theACKNOWLEDGED block and the disciplinaryor legal officer signs the WITNESSED block.THE ACCUSED SHOULD NOT BE INTER-ROGATED AT THIS TIME. The legal officershould determine and recommend to the com-manding officer or executive officer whatrestraint, if any, should be imposed at this time.2-1
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