Commonly Used Forms
What is the purpose of the Non-Punitive Letter of Caution?
A formal method of counseling provided in letter format that identifies a deficiency and directs corrective action. Does not become a part of the member’s official record and is kept between the issuer and member unless needed as documentation of prior action.
What is a convening authority?
Typically the CO or First Flag.
What is UA?
Any absence from unit, organization or place of duty without proper authority.
What is the criteria to trigger a UCMJ Article 31?
-Is the person asking questions subject to the code or an agent of the military?
- Is the person being asked questions suspected of an offense?
- Is the person asking questions in a manner which would elicit an incriminating response.
What is a preliminary inquiry?
An analytical tool to help a CO determine whether an investigation is warranted and, if so, how it should be conducted.
What is the difference to NJP Rights Vessel Exception (does or does not) Apply?
Does apply allows members who do not have the option to refuse NJP and Does not apply allows members the option to accept or refuse NJP.
What is the maximum punishment provided during Summary- Court Martial?
E4 and below: confinement for 1 mon., 45 days hard labor w/o confinement, 60 days restriction, forfeiture of 2/3 pay for 1 month, and reduction to the lowest paygrade.
E5 and above: 60 day restriction, forfeiture of 2/3 pay for 1 month, and reduction to next inferior paygrade
What is Desertion?
UA status that requires a manifest intent to permanently remain away from the military.
How does a Service Member invoke their rights?
They must do so unequivocally. It must be clear, affirmative, and unambiguous.
What are the types of mast?
Request, Meritorious, and Disciplinary
What is the purpose of the Suspect's Rights Acknowledgment / Statement?
Ensure that the suspect is aware of and voluntarily waives their constitutional rights, such as the right to remain silent and the right to an attorney, before making a statement
If a Sailor is trailed by Court Martial how do they request for counsel?
All Sailors who are referred to a SPCM or GCM are entitled to a appointed Military Defense Counsel. It is the command's responsibility to request this on behalf of the Sailor.
What is a exception for when a member will not be declared a deserter?
When the absence is beyond the Service Member control.
In what circumstances is a Service Member required to Self-Report?
Required to self report any arrests, charges, or convictions.
Who has the authority to impose NJP?
CO, OIC, and 'Acting' CO
What is the purpose of the Letter of Instruction?
A formal method of counseling provided in letter format that identifies a deficiency and directs corrective action. May be referenced in official service documentation, and underlying conduct may be mentioned in appropriate official documentation (EVAL, FITREP, etc.).
What is the Office of Special Trial Counsel?
An independent legal organization within each branch of the U.S. military, responsible for investigating and prosecuting serious offenses.
What document to utilize if UA is less than 24 hours?
Prepare a NAVPERS 1070/613, documenting the exact hour and date, including the known circumstances surrounding UA.
What is required to be included when making a self report?
- Date of arrest or charge
- The arresting or charging authority
- The offense for which they were arrested or charged
What are the categories of punishment that can be recieved during NJP?
Admonition/ Reprimand
Forfeiture of Pay
Reduction in Rate
Restraint
What is the purpose of a Punitive Letter of Reprimand?
An administrative censure for misconduct that can negatively impact a service member's career, affecting promotions and assignments. The severity depends on whether it is filed in the permanent record, which can trigger an administrative separation board for those with more than six years of service. Typically reserved for E-7 and above.
How many members are required to convene court martial?
General Court Martial (8 people)
Special Court Martial (4 people)
Murder Trial (12 people)
Enlisted personnel can request enlisted representation. Required to have 1/3 filled.
What document is to be utilized if UA more than 24 hours?
Prepare a NAVPERS 1070/606
What is the exclusionary rule?
If a person is not read their 31 (b) rights befoe giving a statement or is coerced into waiving their rights then the statement they make may not be admissible at court-martial.
What is in the Captain's Mast Package?
DRB/ Xo/ CO Script NAVPERS 1626/7
31(b) Rights Member Data Summary
COC Comments NJP Rights