4. That, if the accused will attend mast, he or she will receive a hearing at which time he or she will be accorded the following rights: a. To be present before the officer conducting the hearing b. To have the rights of the accused under article 31 of the UCMJ explained to him or her c. To be advised of the offense(s) of which he or she is suspected d. To be present at the presentation of all information against him or her either by testimony of a witness or by the receipt of copies of the witness’s written statement(s) e. To have available for his or her inspection all physical information or documentary evidence to be considered by the hearing officer f. To have full opportunity to present any matter in mitigation, extenuation, or defense of the offense(s) of which he or she is suspected g. To be accompanied at the hearing by a personal representative (provided by the accused) to speak in his or her behalf, who may, but need not, be a lawyer 5. That, if punishment is imposed, the accused has the right of appeal 6. That, if the accused demands trial by court-martial, the charges against him or her may be referred to court-martial No preset forms exist for the accused to use to acknowledge receipt of the above premast advice. However some commands may design their own forms for local use. In addition, the first page of the NAVPERS 1626/7 reflects acknowledgement of some of the above premast advice. For example, it contains a place for the accused to acknowledge he or she has been advised of the nature of the offense(s) charged against him or her and of his or her right to remain silent under article 3 lb. In any event, when provisions are made for acknowledgment in writing by an accused of premast advice, the accused should acknowledge in writing, when available, the receipt of premast advice and make sure someone witnesses the acknowledgement. If the accused refuses to sign an acknowledgment, have the witness attest to the giving of the warnings and the refusal of the accused to acknowledge. In such cases, using someone as a witness who has no connection with the issuing of discipline would probably be a good procedure. Premast Screenings Before the commanding officer hears a person’s case, it is referred to an officer for a preliminary inquiry after which it will be screened by the executive officer at executive officer’s investigation (XOI). At small commands, cases will be referred almost automatically to division officers for the preliminary inquiry. At large commands, the disciplinary officer or the legal officer will be delegated authority to appoint the preliminary inquiry officer (PIO). The job of the PIO is not to develop a case against the accused. Rather, the PIO must collect all available facts concerning the offense itself and the background of the accused. The PIO completes Section E of the NAVPERS 1626/7 as follows: 1. 2. 3. 4. Inserts a short resume of the division officer's opinion of the accused. Lists the names of the witnesses whose presence the PIO thinks is necessary to dispose of the case at mast. Recommends disposition of the case. Summarizes the evidence that supports the recommendation. The recommendation of the PIO is not binding. The commanding officer    will  evaluate  each recommendation  separately. The XO may screen the case by holding an informal hearing or may merely review the record of the accused and the report chit. If given the power by the commanding officer, the XO may dismiss the case, but may NEVER impose punishment. At XO's screening mast, the accused is advised again of the right to refuse NJP and to demand a trial by court-martial. Article 15 does not give that right to persons attached to vessels. The accused may elect not to be tried by court-martial at XO's mast, but then demand trial by court-martial at captain’s mast. The only requirement is that the accused make the demand before punishment is imposed. Case law requires that a suspect be provided the opportunity to discuss with counsel the legal consequences of accepting or refusing NJP. If he or she is not provided that opportunity, the record of any punishment imposed will not be admissible in any subsequent court-martial proceeding. 3-6