command members of the naval service are assigned,may designate one or more naval units for the purposeof administering NJP. For each such unit, thecommander must designate in writing a commissionednaval officer as commanding officer for theadministration of discipline under article 15. In addition,a flag or general officer in command may delegate all orpart of his or her powers under article 15 to a seniorofficer on the staff. However, the senior officer must beeligible to succeed to command in the absence of theflag or general officer. In addition, those powers canonly be delegated with the express approval of the Chiefof Naval Personnel or the Commandant of the MarineCorps, as appropriate. Punishment must be imposedwithin 2 years of the offense. If it is not imposed withinthat period the offender may not later be punished forthe offense.MAST PROCEDURESYou can receive notification that someone hascommitted an offense in a variety of ways–a shore patrolreport a verbal complaint by a victim, or a local reportchit, to name a few. Except when serious crimes areinvolved, document charges on the Report andDisposition of Offense(s), NAVPERS 1626/7. Thenprocess the form in the manner prescribed by the formitself.The NAVPERS 1626/7 is a one-sheet (back andfront) form. It serves several functions; among them arethe following:1. It reports the offense(s).2. It records that the accused has been advised ofhis 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 ofhis or her rights to refuse NJP (if he or she hasthe right under the circumstances of the case).7. It shows the action of the CO at mast.8. It records that the accused’s appeal rights havebeen explained.Remember, however, that NAVPERS 1626/7 doesnot include all of the required premast advice you mustgive the accused.Reviewing the Report ChitRegardless of how the commission of a minoroffense is brought to your attention, you will probablyneed to prepare a rough NAVPERS 1626/7. (The legaloffice or administration office normally prepares thesmooth.) Always address the report to the officer incharge or the commanding officer of the accused. If theoffender has violated more than one article of theUCMJ, identify the separate offenses by Arabicnumerals in the section entitled Details of the Offense.If the offender has violated a single article more thanonce, identify successive violations by Arabic numeralsin parentheses. In each instance, be sure to give enoughdetails to describe the offense fully and give the UCMJarticle number violated. Use numerals in the blocksmarked Place of Offense(s) and Date of Offense(s) thatcorrespond to those used in identifying the offenses inDetails of Offense(s).List military witnesses to the offense in the order oftheir seniority, followed by civilian witnesses, if any.Include the command or address of all witnesses. If awitness is attached to the same command as theoffender, give only his or her division or department. Ifattached to another command, identify that commandcompletely. Give civilian witnesses’ complete businessand home addresses if available. Finally, be sure toobtain the signature of the person placing the accusedon report.Reading of RightsThe officer contemplating imposing NJP mustensure the accused is fully advised concerning all legalrights associated with the possible imposition of NJP.The accused must be advised within a reasonable timeof the report of an offense. Failure to advise the accusedproperly may render any subsequent nonjudicialpunishment invalid.The Judge Advocate General (JAG) Manualcontains details concerning required premast advice toan accused. The advice must include the following as aminimum:1. The offense(s) the accused is suspected ofhaving committed2. That the commanding officer is contemplatingmast for the alleged offense(s)3. That, if the accused is not attached to orembarked in a vessel, he or she has a right todemand court-martial in lieu of mast3-5
Integrated Publishing, Inc. - A (SDVOSB) Service Disabled Veteran Owned Small Business