fulfill those duties and responsibilities. Delegation should never be made beyond the lowest level of competence. Limitations, therefore, may be set by command. LAWFUL ORDERS An order must be lawful. Any order imposing punishment outside the framework of the  Uniform Code of Military Justice   (UCMJ) is unlawful. Punishment may only be through the judicial process or nonjudicially through article 15 of the   UCMJ (commanding officer’s nonjudicial punishment). However, petty officers may take certain measures to correct minor infractions that do not merit punishment under article 15 of the   UCMJ. The following nonpunitive measures are available to supervisors through their commanding officers. Extra Military Instruction Extra military instruction (EMI) is a type of military duty used to correct a deficiency of an individual. EMI is a nonpunitive measure approved by the  Manual for Courts-Martial and outlined in the Manual of the Judge Advocate General. EMI is a training device intended to improve efficiency of a command or unit. EMI is intended as a corrective measure. Therefore, you must give EMI with the intention of correcting a deficiency in performance of military duty, not with the intention of substituting it for punitive action under the UCMJ. EMI must have a logical relationship to the deficiency you are correcting. The duration of EMI is only for the period required to correct the performance deficiency. Normally, EMI assignments are for no more than 2 hours per day. EMI is done at a reasonable time outside normal working hours. Its purpose is not to deprive a member of normal liberty. EMI is not to be done on a person’s Sabbath. A member who has entitlement to liberty may begin normal liberty upon completion of EMI. The authority to assign EMI rests with the commanding officer, but delegation of the authority to assign EMI may be part of a normal supervisory task. Permission for delegation of authority ordinarily is not given below the chief petty officer (CPO) level. However, in exceptional cases when qualified petty officers are filling CPO billets in an organizational unit (division, major work center, or comparable organization) that contains no CPO, the authority may be delegated to a senior petty officer. Withholding of Privileges The temporary withholding of a privilege is another nonpunitive measure. Supervisors can use this measure to correct minor infractions of military regulations or performance deficiencies. A privilege is a benefit provided for the convenience or enjoyment of an individual. Some examples of privileges that we can withhold as nonpunitive measures are special liberty, exchange of duty, special command programs, the use of base or ship libraries, base or ship movies, base parking, and base special services events. The final authority to withhold a privilege rests with the authority that grants the privilege. Thus, at times you only can recommend the withholding of a privilege through your chain of command. However, when you think it is necessary, you should make the recommendation. The action could correct a minor infraction, thereby increasing the efficiency of your division. Extension of Working Hours Deprivation of normal liberty as a punishment, except as specifically authorized under the  UCMJ, is illegal. Supervisors cannot deny personnel normal liberty as a punishment for any offense or for poor performance of duty. However, supervisors can require personnel to perform tasks efficiently and in a timely manner. Thus, naval personnel are not receiving punishment when they have to remain on board outside of  normal  working  hours  to  complete  work assignments, perform additional essential work, or maintain the required level of operational readiness. Supervisors must inform their superiors when they intend to direct subordinates to work beyond normal working hours. Remember that the work must be essential, must have a readiness requirement, or must be work that should have been finished during the normal workday. 2-2 Q1. The purpose of EMI is to correct a training deficiency and deprive normal liberty. 1. True 2. False Q2. EMI can NOT be assigned and conducted on the Sabbath. 1. True 2. False REVIEW QUESTIONS