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Authorized Punishment
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Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
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Execution of Punishments
(3) Correctional custody for not more than 7 consecutive days and only on grades E-3 and below. (4) Forfeiture of not more than 7 days’ pay. (5) Reduction to the next inferior paygrade, if  the  grade  from  which  demoted  is  within  the  promo- tion authority of the officer imposing the reduction. Reduction is not imposable on E-7 and above (Navy) and E-6 and above (Marine Corps). (6) Extra duties for not more than 14 con- secutive  days. (7) Restriction for not more than 14 con- secutive  days. NATURE OF THE PUNISHNIENT There  are  eight  specific  types  of  punishment  that may, under proper circumstances, be imposed as NJP. Remember that there are limitations that are based upon the CO’s rank and the status of the offender. Refer to figure  5-8  as  you  read  the  discussion  of  individual punishments  that  follows. Admonition and Reprimand Admonition and reprimand are two forms of cen- sure intended to express adverse reflection upon or criticism of a person’s conduct. A reprimand is a more severe form of censure than an admonition. When im- posed as NJP, the admonition or reprimand is consid- ered to be punitive, unlike the nonpunitive admonition and reprimand. Punitive censure for officers must be in writing, although it may be either oral or written for enlisted personnel. Procedures for issuing punitive let- ters  are  detailed  in  the  JAGMAN,  section  0114.  A sample punitive letter of reprimand is shown in the JAGMAN, appendix A-1-g. Arrest in Quarters This punishment is imposable only on officers. It is a moral restraint, as opposed to a physical restraint. It is similar to restriction, but has much narrower limits. The limits  of  arrest  are  set  by  the  officer  imposing  the punishment and may extend beyond quarters. The term quarters includes military and private residences. The officer may be required to perform his or her regular duties as long as they do not involve the exercise of authority over subordinates. Restriction Restriction  is  the  least  severe  form  of  deprivation of  liberty.  Restriction  involves  moral  rather  than  physi- cal restraint. The severity of this type of restraint de- pends  on  its  duration  and  the  geographical  limits specified when the punishment is imposed. A person undergoing  restriction  may  be  required  to  report  to  a designated  place  at  specified  times  if  reasonably  neces- sary to make sure the punishment is being properly executed. Restriction  ashore  means  that  an  accused  will  be restricted  to  the  limits  of  the  command  except,  of course, at larger shore stations where the use of recrea- tional facilities might be further restricted. Restriction and arrest in quarters are normally imposed by a written order detailing the limits thereof and usually requires the accused to log in at certain specified times during the restraint. Article 1103 of U.S. Navy Regulations, 1990, provides that an officer placed in the status of arrest or restriction will not be confined to his or her room unless the safety or the discipline of the ship requires  such  action. Forfeiture Forfeiture means a permanent loss of entitlement to the pay forfeited. A forfeiture applies to basic pay and to sea or foreign duty pay, but not to incentive pay or allowances for subsistence or quarters. The amount of forfeiture of pay is expressed in whole dollar amounts, not in fractions, and shows the number of months af- fected. An example of a properly stated forfeiture is to forfeit $50 pay per month for 2 months. If the punishment includes both reduction, whether or  not  suspended,  and  forfeiture  of  pay,  the  forfeiture must be based on the grade the accused is reduced to. Forfeitures are effective on the date imposed unless suspended  or  deferred.  Where  a  previous  forfeiture  is being  executed,  that  forfeiture  will  be  completed  before any newly imposed forfeiture will be executed. Extra Duty Extra  duties  involve  the  performance  of  duties  in addition to those normally assigned to the person un- dergoing the punishment. Various types of duties may be assigned, including fatigue duties. The MCM pro- hibits extra duties that are a known safety or health hazard, those that are cruel and unusual, or those that are not sanctioned by the customs of the service in- volved. 5-24

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