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Accused’s Acknowledgment of Appeal Rights - 14134_133
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Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
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Sample  NJP  Appeal - 14134_135
When the area coordinator is not superior in rank or command to the officer imposing punishment, or when the area coordinator is the officer imposing punishment, the appeal will be sent to the GCM authority next superior in the chain of command to the officer who imposed  the  punishment.  An  immediate  or  delegated area  coordinator  who  has  authority  to  convene  GCMs may take action instead of an area coordinator if he or she is superior in rank or command to the officer who imposed the punishment. For mobile units, the area coordinator for the pre- vious  purposes  is  the  area  coordinator  most  accessible to the unit at the time of sending the appeal. When the officer who imposed the punishment is in the chain of command of the Commandant of the Ma- rine Corps, the appeal will be made to the officer next superior in the chain of command to the officer who imposed the punishment. When the officer who imposed the punishment has been designated a CO for naval personnel of a multi- service command, the appeal will be made according to the  JAGMAN. A flag or general officer in command may, with the express prior approval of the Chief of Naval Personnel or  the  Commandant  of  the  Marine  Corps,  delegate authority to act on appeals to a principal assistant. An officer who has delegated his or her NJP power to a principal assistant may not act on an appeal from pun- ishment imposed by that assistant. TIME Appeals must be submitted in writing within 5 days of the imposition of NJP or the right to appeal is waived in the absence of good cause shown. The appeal period runs from the date the accused is informed or his or her appeal rights. Normally, this is the day NJP is imposed. With an appeal submitted more than 5 days after the imposition of NJP (less any mailing delays), the officer acting on the appeal determines whether good cause was shown for the delay in the appeal. Extension of Time If it appears to the accused that good cause may exist that would make it impossible or extremely diffi- cult to prepare and submit the appeal within the 5-day period,  the  accused  should  immediately  advise  the  of- ficer who imposed the punishment of the problems and request an extension of time. The officer imposing NJP determines  whether  good  cause  was  shown  and  advises the  accused  whether  an  extension  of  time  is  permitted. Request for Stay of Restraint Punishments or Extra Duty A service member who has appealed may be re- quired to undergo any restraint punishment or extra duties  imposed  while  the  appeal  is  pending.  If  action  is not taken on the appeal by the appeal authority within 5 days after the written appeal has been submitted and if the accused has so requested, any unexecuted punish- ment involving restraint or extra duties will be stayed until action on the appeal is taken. The accused should include in his or her written appeal a request for stay of restraint punishment or extra duties; however, a written request for a stay is not specifically required. CONTENTS  OF  APPEAL  PACKAGE The  appeal  package  will  consist  of  the  appellant’s basic letter of appeal, the endorsement by the CO who imposed  the  NJP,  and  the  supervisory  authority’s  re- sponse to the appeal. Appellant’s Letter (Grounds for Appeal) The letter of appeal from the accused should be addressed  to  the  appropriate  appeal  authority  via  the commander who imposed the punishment and other appropriate  COs  in  the  chain  of  command.  The  letter should set forth the obvious features of- the NJP (date, offense, who imposed it, and punishment imposed) and detail the specific grounds for relief. There are only two grounds for appeal—-the pun- ishment was unjust or the punishment was dispropor- tionate  to  the  offense  committed.  The  grounds  for appeal are broad enough to cover all reasons for appeal. Unjust punishment exists when the evidence is not enough to prove the accused committed the offense; when the statute of limitations prohibits lawful punish- ment; or when any other fact, including a denial of substantial rights, calls in question the validity of the punishment. Punishment  is  disproportionate  if  it  is,  in  the  judg- ment of the reviewer, too severe for the offense com- mitted.  An  offender  who  believes  that  his  or  her punishment is too severe, appeals on the ground of disproportionate  punishment,  whether  or  not  his  or  her letter  artfully  states  the  ground  in  precise  terminology. A punishment may be legal but excessive or unfair considering  circumstances  such  as  (1)  the  nature  of  the offense, (2) the absence of aggravating circumstances, (3)  the  prior  record  of  the  offender,  and  (4)  any  other circumstances  in  extenuation  and  mitigation. The grounds for appeal need not be stated artfully in the accused’s appeal letter, and the reviewer may have 5-30

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