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Chapter 5 Nonjudicial Punishment - 14134_105
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Right of an Accused to Demand Trial by Court-Martial
Additionally,  where  members  of  the  naval  service are  assigned  to  a  multiservice  command,  the  com- mander  of  such  multiservice  command  may  appoint  one or more naval units and for each unit designate a com- missioned officer of the naval service as CO for NJP purposes over the unit. A copy of such designation must he furnished to the Chief of Naval Personnel or the Commandant of the Marine Corps, as appropriate, and to the Judge Advocate General (JAG). No officer may limit or withhold the exercise of any disciplinary authority under Article 15 by subordinate commanders  without  the  specific  authorization  of  SEC- NAV. If a CO determines that his or her authority under Article 15 is not enough to make a proper disposition of the case, he or she may refer the case to a superior commander  for  appropriate  disposition. This situation could arise either when the CO’s NJP powers are less extensive than those of his or her supe- rior, or when the status of higher authority would add force to the punishment, as in the case of a letter or reprimand  or  admonition. PERSONS ON WHOM NJP MAY BE IMPOSED A CO may impose NJP on all military personnel of his or her command. An OIC may impose NJP only on enlisted members assigned to the unit that he or she is in charge of. At the time punishment is imposed, the accused must be a member of the command of the CO (or of the unit of the OIC) who imposes the NJP. A person is of the command or unit if he or she is assigned or attached to it. This includes temporary additional duty (TE- MADD) personnel. TEMADD personnel may be pun- ished  either  by  the  CO  of  the  unit  that  they  are TEMADD to or by the CO of the duty station that they are permanently attached to. Note, however, that both COs  cannot  punish  an  individual  under  Article  15  for the same offense. In addition, a party to a  JAG  Manual investigation remains of the command or unit that he or she was attached to at the time of his or her designation as a party for the sole purpose of imposing a letter of admonition or reprimand as NJP. Personnel of Another Armed Force Under  present  agreements  between  the  armed forces, a Navy CO should not exercise NJP jurisdiction on Army or Air Force personnel assigned or attached to a naval command. As a matter of policy, return these personnel  to  their  parent-service  unit  for  discipline.  If this is impractical and the need to discipline is urgent, NJP maybe imposed, but a report to the Department of the Army or Department of the Air Force is required. See the Naval Military Personnel Manual  (MILPERS- MAN),  Article  1860320.5a  and  5b,  for  the  procedures to follow. Express agreements do not extend to Coast Guard personnel serving with a naval command, but other policy statements say that the naval command should not try to exercise NJP over such personnel assigned to its unit. Refer to section 1-3(c),  Coast  Guard  Military Justice  Manual,  COMDTINST  M5801.1. Because the Marine Corps is part of the Department of the Navy, no general restriction extends to the exer- cise of NJP by Navy commanders over Marine Corps personnel or by Marine Corps commanders over Navy personnel. Imposition of NJP on Embarked Personnel The CO or OIC of a unit attached to a ship for duty should, as a matter of policy, refrain from exercising his or her power to imposed NJP and refer all such matters to  the  CO  of  the  ship  for  disposition.  This  policy  does not  apply  to  Military  Sealift  Command  (MSC)  vessels operating under masters or to organized units embarked on  a  Navy  ship  for  transportation  only.  Nevertheless, the CO of a ship may permit a CO or an OIC of a unit attached to that ship to exercise NJP authority. Imposition of NJP on Reservists Reservists on active duty for training or, under some circumstances, inactive duty for training, are sub- ject to the UCMJ and, therefore, subject to the imposi- tion of NJP. The offense(s) that the CO or OIC seeks to punish at NJP must have occurred while the member was on active duty or inactive duty training. However, it is not necessary that NJP occurs (or the offense even be dis- covered) before the end of the active duty or inactive duty training period during which the alleged miscon- duct occurred. In that regard, the officer seeking to impose NJP has the following options: . He or she may impose NJP during the active duty or inactive duty training when the misconduct occurred. 5-2

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