Rights of the AccusedOne area deserves special caution: preservation ofthe subject’s rights. Under article 31, UCMJ, an officialmust inform all suspects of the charges against themand of their right to remain silent. That official mustadvise suspects that anything they say may be used asevidence against them at a trial by court-martial. Underother provisions of law, a suspect also may have a rightto legal counsel before and during any interview. Theofficial must advise suspects of those rights andprovide them with the opportunity to exercise thoserights before questioning them. Failure to do so couldprevent the use of self-incriminating statements madeby suspects in disciplinary proceedings. That couldresult in the loss of the entire case.You should not question any suspect, but shouldleave that task to personnel with proper training, suchas legal or law enforcement personnel. In some casesthough, you may have to question the person you areplacing on report about the offense(s) he or sheallegedly committed. If this situation does occur, makesure you properly advise that person of his or her rightsunder article 31 of the UCMJ.Remember that the report chit you start—the act ofplacing someone on report for violating theUCMJ—could eventually lead to a court-martial ofthat person.Redress of Grievances/Complaints of WrongsAs a second class petty officer, you need to beaware that under article 138 of the UCMJ “any memberof the armed forces who believes himself wronged byhis commanding officer, and who, upon dueapplication to that commanding officer, is refusedredress, may complain to any superior commissionedofficer, who shall forward the complaint to the officerexercising general court-martial jurisdiction over theofficer against whom it is made. The officer exercisinggeneral court-martial jurisdiction shall examine intothe complaint and take proper measures for redressingthe wrong complained of; and shall, as soon aspossible, send to the Secretary concerned a truestatement of that complaint, with the proceedings hadthereon.”In addition, under article 1150, United StatesNaval Regulations, “if any person in the naval serviceconsiders themself wronged by an act, omission,decision, or order of a person who is superior in rank,or command, that member shall not fail inmaintaining a respectful bearing toward suchsuperior, but may report the wrong to the properauthority for redress in the manner provided in thisarticle.” The report should clearly identify therespondent (the superior against whom it is made), thewrong complained of, and the redress desired. Acomplainant (the person submitting a report underthis article) may be held accountable by the officerresponsible for the resolution of the report if thereport is found to be vexatious, frivolous, or false. Thereport may not be joined with reports by othercomplainants.A complaint of wrong does not apply when asubordinate complains about another petty officershouting at him or her or a similar incident that can behandled at a lower level in the chain of command. Acomplaint of wrong is a very serious charge andshould not be made lightly. The first step is to seekadvice from someone in authority. Consult with adivision officer, command master chief, leading chiefpetty officer, or the appropriate official for thesituation. Then request a review. The Manual for theJudge Advocate General, JAGINST 5800.7,chapter III, gives further guidance for filing acomplaint.2-6Q5.Under article 31 of the UCMJ special cautionis cited for which of the following areas?1.Preservation of the accused’s rights2.Right to see the results of inquiry3.Preservation of the identity of the accuser4.Communication with the accuserREVIEW QUESTIONQ6.What is the first step a petty officer must dowhen considering a complaint of wrong?1.Tell the commanding officer2.Seek advice from someone in authority3.Put in a request chit4.Start a preliminary investigationREVIEW QUESTION
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