LIMITATIONS ON AND NATURE OF PUNISHMENT
COMMAND ACTION ON NJP APPEALS
EXTRA MILITARY INSTRUCTION
ADVICE TO ACCUSED PRIOR TO NJP
ADMINISTRAIVE
INVESTIGATION
100
Who can be confined on bread and water rations?
E-3 AND BELOW (embarked on or attached to a vessel)
100
How many days should an appeal be submitted?
5 Days
100
Can EMI be conducted longer than necessary to correct the performance deficiency?
No!
100
Who is to ensure that the individual concerned is fully advised of all legal rights prior to hearing?
CO or OIC
100
Not every incident or event warrants an investigation. A commander who concludes that further investigation would serve no useful purpose may decide no to conduct one, unless superior authority directs otherwise or unless an investigation is required. (True or False)
True
200
Can enlisted get arrest in quarters? Yes or No.
No
200
What day does the time limit for the appeal period start?
Date of the NJP imposition of punishment
200
Is EMI used as a disciplinary action for NJP?
No, it is intended as a corrective measure towards a deficiency.
200
If the accused elects to consult a lawyer, the lawyer may be civilian or military?
Both
200
Generally, the preliminary inquiry should be completed within ___ calendar days of the commander learning of the incident in question? a) 3 days b) 5 days c) 10 days d) 15 days a) 3 days b) 5 days c) 10 days d) 15 days
a) 3 days
300
Who in the Navy cannot be reduced in rank with NJP?
E-7 and above
300
Can the accused use a copy of the NJP report for their appeal? Yes or No.
Yes
300
How many hours can EMI be conducted per day?
2 hours
300
What does the member have to pay back with receiving advanced education assistance after being separated?
Reimburse the U.S. for cost of advanced education assistance not repaid by active duty service.
300
Before conducting a preliminary inquiry or convening an investigation the commander shall liaison with ______ or ______ as appropriate, regarding any pending law enforcement (military, federal or state) or safety investigation. a) NCIS and National Security b) Naval Safety Center and NCIS c) Judge Advocate and Naval Safety Center d) Security Manager and Judge Advocate
b) NCIS or Naval Safety Center.
400
If the punishment includes both reduction in grade, whether or not suspended and forfeiture of pay must be based on what grade?
Of the reduced grade
400
What is the report of disposition of offenses? a.) 1626/8 b.) 1625/7 c.) 1626/8 d.) 1626/7
1626/7
400
If a member is religious, on what day of the week is EMI not conducted?
On member's Sabbath
400
Is using telephone or VTC communication between the accused and their lawyer permissible? (Yes or No)
Yes
400
The fees and mileage of civilian witness shall be paid by whom?
of the command of a convening authority or appointing authority or the disbursing officer at or near the place where the tribunal sits or where a deposition is taken.
500
Restriction on officers may not exceed how many days when imposed by a CO below the rank of LCDR?
15 days
500
What are the three enclosures in the forwarding endorsement? a.) Mast Report Form b.) Appellant's Page of Reform c.) Copies of all signed documents considered to be evidence d.) Appellant's record of performance
a.) c.) d.)
500
When should EMI be conducted during normal work days?
Immediately before or after member's workday
500
Who has the right to demand trial by court-martial?
Person in the Navy or Marine Corps who is not attached to or embarked on the vessel.
500
What are the three types of administrative investigations?
- Command Investigations. - Litigation Report Investigations - Counts & Board of Inquiry
M
e
n
u