command members of the naval service are assigned,
may designate one or more naval units for the purpose
of administering NJP. For each such unit, the
commander must designate in writing a commissioned
naval officer as commanding officer for the
administration of discipline under article 15. In addition,
a flag or general officer in command may delegate all or
part of his or her powers under article 15 to a senior
officer on the staff. However, the senior officer must be
eligible to succeed to command in the absence of the
flag or general officer. In addition, those powers can
only be delegated with the express approval of the Chief
of Naval Personnel or the Commandant of the Marine
Corps, as appropriate. Punishment must be imposed
within 2 years of the offense. If it is not imposed within
that period the offender may not later be punished for
the offense.
MAST PROCEDURES
You can receive notification that someone has
committed an offense in a variety of waysa shore patrol
report a verbal complaint by a victim, or a local report
chit, to name a few. Except when serious crimes are
involved, document charges on the Report and
Disposition of Offense(s), NAVPERS 1626/7. Then
process the form in the manner prescribed by the form
itself.
The NAVPERS 1626/7 is a one-sheet (back and
front) form. It serves several functions; among them are
the following:
1. It reports the offense(s).
2. It records that the accused has been advised of
his or her rights under article 31.
3. It records any pre-mast restraint.
4. It serves as a preliminary inquiry report.
5. It records the action of the executive officer
(XO) at screening mast.
6. It records that the accused has been advised of
his or her rights to refuse NJP (if he or she has
the right under the circumstances of the case).
7. It shows the action of the CO at mast.
8. It records that the accuseds appeal rights have
been explained.
Remember, however, that NAVPERS 1626/7 does
not include all of the required premast advice you must
give the accused.
Reviewing the Report Chit
Regardless of how the commission of a minor
offense is brought to your attention, you will probably
need to prepare a rough NAVPERS 1626/7. (The legal
office or administration office normally prepares the
smooth.) Always address the report to the officer in
charge or the commanding officer of the accused. If the
offender has violated more than one article of the
UCMJ, identify the separate offenses by Arabic
numerals in the section entitled Details of the Offense.
If the offender has violated a single article more than
once, identify successive violations by Arabic numerals
in parentheses. In each instance, be sure to give enough
details to describe the offense fully and give the UCMJ
article number violated. Use numerals in the blocks
marked Place of Offense(s) and Date of Offense(s) that
correspond to those used in identifying the offenses in
Details of Offense(s).
List military witnesses to the offense in the order of
their seniority, followed by civilian witnesses, if any.
Include the command or address of all witnesses. If a
witness is attached to the same command as the
offender, give only his or her division or department. If
attached to another command, identify that command
completely. Give civilian witnesses complete business
and home addresses if available. Finally, be sure to
obtain the signature of the person placing the accused
on report.
Reading of Rights
The officer contemplating imposing NJP must
ensure the accused is fully advised concerning all legal
rights associated with the possible imposition of NJP.
The accused must be advised within a reasonable time
of the report of an offense. Failure to advise the accused
properly may render any subsequent nonjudicial
punishment invalid.
The Judge Advocate General (JAG) Manual
contains details concerning required premast advice to
an accused. The advice must include the following as a
minimum:
1. The offense(s) the accused is suspected of
having committed
2. That the commanding officer is contemplating
mast for the alleged offense(s)
3. That, if the accused is not attached to or
embarked in a vessel, he or she has a right to
demand court-martial in lieu of mast
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