EMI is not to be conducted over a period longerthan is necessary to correct the performancedeficiency.EMI should not be performed on the member’sSabbath.EMI is not used as a method of depriving a personof normal liberty. If a member is entitled toliberty, it may begin upon completion of EMI.WITHHOLDING PRIVILEGES. —A privilege isa benefit, advantage, or favor provided for theconvenience or enjoyment of an individual, such asspecial liberty, special pay, base parking, or specialcommand programs. Temporary withholding ofprivileges is another administrative corrective measureused by superiors to correct infractions of militaryregulations or performance deficiencies. Thesemeasures are used when the captain’s mast does notappear appropriate because of the minor nature of theoffense. Final authority to withhold a privilege rests withthe level of authority authorized to grant that privilege.Therefore, your authority to withhold privileges islimited.Punishment is directed through the judicial processor nonjudicially through article 15, UCMJ (Captain’sMast). Authority to control nonjudicial punishment(NJP) is carefully reserved for certain commanders,commanding officers, and officers in charge.NONJUDICIAL PUNISHMENT. —Nonjudicialpunishment (NJP), more commonly called captain’smast or simply mast, consists of punishment imposedfor acts or omissions that are minor offenses. They arecovered in articles 78 and 80 through 134, chapter IV,of the Manual for Courts-Martial (1984). Whether anoffense is minor depends on the following factors:Offender’s age, rank, duty assignment, recordand experienceMaximum sentence imposeable for the offense iftried by general court-martialWhether the commanding officer imposing NJPdecides the offense is minorIf given the opportunity to comment on theperformance of the accused, you have a dualresponsibility to the commanding officer and theaccused. Since the commanding officer may consideryour comments before imposing punishment, be sure tomake an honest but impartial appraisal.COURT-MARTIAL. —Court-martial is punishment imposed for an act or omission that violates boththe UCMJ and local criminal laws, foreign or domestic.The offender may be tried by a court-martial, by a propercivilian tribunal, or both. If convicted in the federal courtsystem, trial by court-martial for the same charge isillegal (double jeopardy). Commanding officers of allships are empowered to convene a special or summarycourt-martial.Disciplinary Review BoardSome commands have a disciplinary review board,the purpose of which is to look into the circumstancessurrounding a particular incident with the emphasis onbreaches of discipline. A disciplinary review board ischaired by the command master chief and includes otherchiefs in the command. The board draws upon theirknowledge, experience, and judgment in such matters.Disciplinary review boards, as objective observers, canalso detect underlying contributing factors such as thefollowing:Sexual or racial discriminationSexual harassmentFinancial problemsBias because of personality conflictsAlcohol problemsAs a senior or master chief, you may be a memberof your command’s disciplinary review board. As adivision officer, you accompany your sailors to anappearance before the board. The board interviews allof the principals involved and then submits a writtenreport of its findings to the commanding officer throughthe chain of command. The commanding officer thenconsiders the findings of the board in disposing of thecase.COUNSELING PROCEDURESYou learned some counseling skills through formaltraining such as Leadership and Management Educationand Training (LMET) courses and the Navy LeaderDevelopment Program (NLDP). This formal traininghelped you to better understand how to influence yourseniors and to supervise and lead your subordinates. Youshould already know the mechanics of how to conducta counseling session, so we will now review somecommon problems senior and master chiefs might face.3-11
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