Future 5-12.-Sample first endorsement to NJP appeal.
Contents of the Forwarding Endorsements
All via addressees should use a simple forwarding
endorsement and should not comment on the validity of
the appeal. The exception to this rule is the endorsement
of the officer who imposed the punishment. The JAG-
MAN requires that this endorsement, shown in figure
5-12, include the following information:
. A comment on any assertions of fact contained
in the letter of appeal that the officer who imposed the
punishment considers inaccurate or erroneous.
Recitation of any facts on the offenses that are
not otherwise included in the appeal papers. If such
factual information was brought out at the mast, the
endorsement should so state and include any comment
made by the appellant at the mast. Any other adverse
factual information stated in the endorsement, unless it
recites matters already stated in official service record
entries, should be referred to the appellant for comment,
if possible, and the appellant should be given an oppor-
tunity to submit a statement about it or state that he or
she does not wish to make any statement.
. As an enclosure, a copy of the completed mast
report form (NAVPERS 1626/7).
. As enclosures, copies of all documents and
signed statements that were considered as evidence at
the mast or, if the NJP was imposed on the basis of the
record of a court of inquiry or other fact-finding body,
a copy of that record, including the findings of fact,
opinions, and recommendations, together with copies
of any endorsements thereon.
l As enclosures, copies of the appellants record of
performance as set forth on service record page 9,
administrative remarks set forth on page 13, and disci-
plinary records set forth on page 7.
The officer who imposed the punishment should
not, by endorsement, seek to defend against the allega-
tions of the appeal but should, where appropriate,
explain the rationalization of the evidence. For exam-
ple, the officer may have chosen to believe one witness
account of the facts while disbelieving another witness
recollection of the same facts and this should be
included in the endorsement. This officer may properly
include any facts relevant to the case as an aid to the
reviewing authority but should avoid irrelevant charac-
ter assassination of the accused. Finally, any errors
made in the decision to impose NJP or in the amount of
punishment imposed should be corrected by this officer
and the corrective action noted in the forwarding
endorsement. Even though corrective action is taken,
the appeal must still be sent to the reviewer.