EMI is not to be conducted over a period longer
than is necessary to correct the performance
deficiency.
EMI should not be performed on the member’s
Sabbath.
EMI is not used as a method of depriving a person
of normal liberty. If a member is entitled to
liberty, it may begin upon completion of EMI.
WITHHOLDING PRIVILEGES. —A privilege is
a benefit, advantage, or favor provided for the
convenience or enjoyment of an individual, such as
special liberty, special pay, base parking, or special
command programs. Temporary withholding of
privileges is another administrative corrective measure
used by superiors to correct infractions of military
regulations or performance deficiencies. These
measures are used when the captain’s mast does not
appear appropriate because of the minor nature of the
offense. Final authority to withhold a privilege rests with
the level of authority authorized to grant that privilege.
Therefore, your authority to withhold privileges is
limited.
Punishment is directed through the judicial process
or nonjudicially through article 15, UCMJ (Captain’s
Mast). Authority to control nonjudicial punishment
(NJP) is carefully reserved for certain commanders,
commanding officers, and officers in charge.
NONJUDICIAL PUNISHMENT. —Nonjudicial
punishment (NJP), more commonly called captain’s
mast or simply mast, consists of punishment imposed
for acts or omissions that are minor offenses. They are
covered in articles 78 and 80 through 134, chapter IV,
of the Manual for Courts-Martial (1984). Whether an
offense is minor depends on the following factors:
Offender’s age, rank, duty assignment, record
and experience
Maximum sentence imposeable for the offense if
tried by general court-martial
Whether the commanding officer imposing NJP
decides the offense is minor
If given the opportunity to comment on the
performance of the accused, you have a dual
responsibility to the commanding officer and the
accused. Since the commanding officer may consider
your comments before imposing punishment, be sure to
make an honest but impartial appraisal.
COURT-MARTIAL. —Court-martial is punish
ment imposed for an act or omission that violates both
the UCMJ and local criminal laws, foreign or domestic.
The offender may be tried by a court-martial, by a proper
civilian tribunal, or both. If convicted in the federal court
system, trial by court-martial for the same charge is
illegal (double jeopardy). Commanding officers of all
ships are empowered to convene a special or summary
court-martial.
Disciplinary Review Board
Some commands have a disciplinary review board,
the purpose of which is to look into the circumstances
surrounding a particular incident with the emphasis on
breaches of discipline. A disciplinary review board is
chaired by the command master chief and includes other
chiefs in the command. The board draws upon their
knowledge, experience, and judgment in such matters.
Disciplinary review boards, as objective observers, can
also detect underlying contributing factors such as the
following:
Sexual or racial discrimination
Sexual harassment
Financial problems
Bias because of personality conflicts
Alcohol problems
As a senior or master chief, you may be a member
of your command’s disciplinary review board. As a
division officer, you accompany your sailors to an
appearance before the board. The board interviews all
of the principals involved and then submits a written
report of its findings to the commanding officer through
the chain of command. The commanding officer then
considers the findings of the board in disposing of the
case.
COUNSELING PROCEDURES
You learned some counseling skills through formal
training such as Leadership and Management Education
and Training (LMET) courses and the Navy Leader
Development Program (NLDP). This formal training
helped you to better understand how to influence your
seniors and to supervise and lead your subordinates. You
should already know the mechanics of how to conduct
a counseling session, so we will now review some
common problems senior and master chiefs might face.
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