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Extra Duty
Extra duties involve the performance of
duties in addition to those normally assigned
to the person undergoing the punishment.
Various types of duties may be assigned,
including fatigue duties. The MCM prohibits
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 involved.
When extra duties are imposed upon a
petty or noncommissioned officer, the duties
cannot be demeaning to his or her rank or
position. The immediate CO of the accused
normally designates the amount and character
of extra duty.
Such duties normally should
not extend beyond 2 hours per day. Guard
duty may not be assigned as extra duty. Extra
duty is not performed on Sunday although
Sundays count as if such duty was performed.
Reduction in Grade
Reduction in paygrade is limited to one
grade only for members in paygrades E-1
through E-6.
E-7 through E-9 personnel
cannot be reduced in grade at NJP. The grade
from which reduced must be within the
promotional authority of the CO imposing the
reduction. See also the NAVMILPERSMAN,
Article 3420140.2, for additional information
on reduction.
Correctional Custody
Correctional custody is a form of physical
restraint of a person during either duty or
nonduty hours, or both, and may include hard
labor,
extra duties,
or fatigue
duties.
Awardees may perform military duty but not
watches and cannot bear arms or exercise
authority
over
subordinates.
Specific
regulations for administering correctional
custody can be found in Instructions for
Administering
Correctional
Custody,
OPNAVINST 1640.7.
Time spent in correctional custody is not
lost time.
Correctional custody may not be
imposed on paygrades E-4 and above. To
assist commanders in imposing correctional
custody, correctional custody units (CCUs)
have been established at major shore
installations. The local operating procedures
for the nearest CCU should be checked before
correctional custody is imposed.
Confinement on Bread and Water
or Diminished Rations
These punishments can only be awarded to
E-3s and below if they are attached to or
embarked in a vessel.
These punishments
involve
physical
confinement and are
equivalent to solitary confinement because
contact is allowed only with authorized
personnel.
A medical officer must first certify in
writing that the accused will suffer no serious
injury and that the place of confinement will
not harm the accused. Diminished rations is
a restricted diet of 2,100 calories per day, and
instructions for its use are detailed in
SECNAVINST 1640.9.
APPEAL FROM NJP
A member who is awarded NJP and who
believes
the
punishment
u n j u s t or
disproportionate to the offense has the right to
appeal the award to higher authority.
PROCEDURE
If punishment is imposed at NJP, the CO
is required to make sure the accused is fully
advised of his or her right to appeal. Refer to
part V, par. 4c(4)(B)(iii), MCM, 1984, and
the JAGMAN, section 0110e. An accused’s
acknowledgment of appeal rights should be
signed by the accused and witnessed to prove
that the accused was informed of his or her
appeal rights.
File this along with all the
other papers in the accused’s case file in the
UPB.
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