Rights of the Accused
One area deserves special caution: preservation of
the subject’s rights. Under article 31, UCMJ, an official
must inform all suspects of the charges against them
and of their right to remain silent. That official must
advise suspects that anything they say may be used as
evidence against them at a trial by court-martial. Under
other provisions of law, a suspect also may have a right
to legal counsel before and during any interview. The
official must advise suspects of those rights and
provide them with the opportunity to exercise those
rights before questioning them. Failure to do so could
prevent the use of self-incriminating statements made
by suspects in disciplinary proceedings. That could
result in the loss of the entire case.
You should not question any suspect, but should
leave that task to personnel with proper training, such
as legal or law enforcement personnel. In some cases
though, you may have to question the person you are
placing on report about the offense(s) he or she
allegedly committed. If this situation does occur, make
sure you properly advise that person of his or her rights
under article 31 of the UCMJ.
Remember that the report chit you start—the act of
placing someone on report for violating the
UCMJ—could eventually lead to a court-martial of
that person.
Redress of Grievances/Complaints of Wrongs
As a second class petty officer, you need to be
aware that under article 138 of the UCMJ “any member
of the armed forces who believes himself wronged by
his commanding officer, and who, upon due
application to that commanding officer, is refused
redress, may complain to any superior commissioned
officer, who shall forward the complaint to the officer
exercising general court-martial jurisdiction over the
officer against whom it is made. The officer exercising
general court-martial jurisdiction shall examine into
the complaint and take proper measures for redressing
the wrong complained of; and shall, as soon as
possible, send to the Secretary concerned a true
statement of that complaint, with the proceedings had
thereon.”
In addition, under article 1150, United States
Naval Regulations, “if any person in the naval service
considers themself wronged by an act, omission,
decision, or order of a person who is superior in rank,
or command, that member shall not fail in
maintaining a respectful bearing toward such
superior, but may report the wrong to the proper
authority for redress in the manner provided in this
article.” The report should clearly identify the
respondent (the superior against whom it is made), the
wrong complained of, and the redress desired. A
complainant (the person submitting a report under
this article) may be held accountable by the officer
responsible for the resolution of the report if the
report is found to be vexatious, frivolous, or false. The
report may not be joined with reports by other
complainants.
A complaint of wrong does not apply when a
subordinate complains about another petty officer
shouting at him or her or a similar incident that can be
handled at a lower level in the chain of command. A
complaint of wrong is a very serious charge and
should not be made lightly. The first step is to seek
advice from someone in authority. Consult with a
division officer, command master chief, leading chief
petty officer, or the appropriate official for the
situation. Then request a review. The Manual for the
Judge Advocate General, JAGINST 5800.7,
chapter III, gives further guidance for filing a
complaint.
2-6
Q5.
Under article 31 of the UCMJ special caution
is cited for which of the following areas?
1.
Preservation of the accused’s rights
2.
Right to see the results of inquiry
3.
Preservation of the identity of the accuser
4.
Communication with the accuser
REVIEW QUESTION
Q6.
What is the first step a petty officer must do
when considering a complaint of wrong?
1.
Tell the commanding officer
2.
Seek advice from someone in authority
3.
Put in a request chit
4.
Start a preliminary investigation
REVIEW QUESTION
