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ENFORCEMENT OF THE UCMJ
The UCMJ gives the rules and regulations that
should govern our behavior. These rules, as with
any rules, however, are not always obeyed. When
these rules are broken, the offender must be
punished. This is done according to the provisions
of article 15 (Commanding officer’s nonjudicial
punishment) or, in some cases, by courts-
martial.
Nonjudicial Punishment
Commanding officer’s nonjudicial punish-
ment is often referred to as captain’s mast.
Captain’s mast gets its name from the old sailing
days when the setting for this form of naval
justice was the weather deck near the ship’s
mainmast.
Cases are heard and punishments given at
captain’s mast. Anyone who is not attached to
or embarked in a vessel may, however, demand
trial by court-martial in lieu of punishment at
mast, before such punishment is imposed. Anyone
attached to a vessel may not request trial by court-
martial in lieu of captains’s mast.
The punishments permitted at captain’s mast
depend upon the rank of the officer holding mast.
Figure 6-2 shows the punishment that may be
awarded.
A commanding officer who decides an offense
deserves a punishment more severe than he or she
is authorized to award at mast may order a court-
martial.
The following paragraphs explain some of the
punishments that may be given at captain’s
mast.
RESTRICTION. —Restriction is the require-
ment to remain within certain specified limits
(ship, station,
etc.). Although required to
muster at certain times, the restricted person
usually continues to perform his or her regular
duties.
CORRECTIONAL CUSTODY. —Correc-
tional custody is the physical restraint (confine-
ment) of a person during duty or nonduty hours,
or both. The person may be required to perform
extra duties or hard labor. A typical example is
an individual who is free to carry out regular
duties during the day but is confined in the brig
at night.
CONFINEMENT ON BREAD AND WATER
OR DIMINISHED RATIONS. —Confinement
on bread and water or diminished rations may be
imposed only on enlisted persons aboard ship.
Correctional custody and confinement on bread
and water may be imposed only on enlisted per-
sons below the rank of petty officer.
EXTRA DUTY. —Extra duty is the assign-
ment of any duty (except guard duty) to be
performed after the person’s regular working
hours. Extra duty is not to exceed 2 hours daily
or to be performed on holidays. Petty officers
may not be assigned extra duties that would
demean their grade or position.
FORFEITURE OF PAY. —Forfeiture of pay
is a permanent loss of a specified amount or a
temporary withholding of a certain amount of
pay. The detention period must be specified. The
money detained is normally returned at the end
of the detention period, but it can be detained for
a period of 1 year.
DETENTION OF PAY. —Detention of pay
is the temporary withholding of a certain amount
of pay. The detention period must be specified.
The money detained is normally returned at the
end of the detention period, but it can be detained
for a period of 1 year.
APPEALS. —If persons consider their punish-
ment under article 15 to be unjust or out of
proportion to the offense, they may appeal to the
next superior authority in the chain of command.
The appeal must be made within a reasonable time
(generally 15 days) and promptly forwarded. If
the superior authority upholds the appeal, all
rights, privileges, and property are restored.
PROTECTION AGAINST SELF-INCRIMI-
NATION. —Under article 31 of the UCMJ,
compulsory self-incrimination is prohibited. The
accused must be informed of the nature of the
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