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charges against him or her. The accused must also
be advised that he or she does not have to make
any statement regarding the offense of which
accused, but that any statement made may be used
as evidence against him or her in a trial by court-
martial. No statement obtained through the use
of coercion, unlawful influence, or unlawful
inducement may be used as evidence against the
accused.
MERITORIOUS AND REQUEST MASTS. —
Not all masts are for disciplinary purposes. A
meritorious mast may be held by the commanding
officer to give awards or commendations to those
persons who have earned them.
Article 1107 of Navy Regs grants the right
for any person to communicate with the
commanding officer. You can’t just walk up to
the captain, however, and start talking. Certain
times are set aside by the CO for the purpose of
hearing valid requests or complaints from crew
members. This practice is called request mast. The
person having a request or grievance should first
try to resolve the problem with the division
officer. Failing that, the person may request a
mast. Usually, the person will talk to the executive
officer first. If the executive officer cannot
settle the matter, then the person may see the
commanding officer.
Courts-martial
Based on article 16 of the UCMJ, courts-
martial are of three types: summary, special, and
general. The captain decides the type of court-
martial to award based on the nature, time, and
place of the offense.
SUMMARY COURT-MARTIAL (SCM). —
A summary court-martial (SCM) consists of one
commissioned officer. If the commanding officer
is the only officer with the command, that officer
acts as the summary court officer. A summary
court can award any sentence that may be given
at mast. It can also award the additional
punishments of confinement for 1 month and
hard labor without confinement for 45 days. Any
person awarded a summary court-martial will then
be held, as appropriate.
SPECIAL COURT-MARTIAL (SPCM). —
A special court-martial (SPCM) consists of not
less than three members. The accused can request
that enlisted personnel serve on the court. In that
event, enlisted personnel make up at least one-
third of the court membership. When a military
judge (a qualified lawyer) is detailed to the court,
the accused has the right to know the identity of
the military judge. The accused also has the right
to consult with the defense counsel and to request
that the court consist of only the military judge.
The request must be in writing, submitted before
the court is assembled, and approved by the
military judge. A special court-martial may award
the same punishment as a summary court, or it
may award a more severe punishment. For
example, it can award a bad conduct discharge,
confinement for 6 months, loss of two-thirds pay
per month for 6 months, and hard labor without
confinement for 3 months.
GENERAL COURT-MARTIAL (GCM). —
A general court-martial (GCM) consists of a
military judge and not less than five members. As
in a special court-martial, the accused may request
that enlisted personnel serve on the court. Under
the conditions described for a special court, the
accused may request that the court consist of only
a military judge. A general court-martial can
award any punishment not forbidden by the
UCMJ, including death when specifically
authorized for the offense.
STANDARD ORGANIZATION AND
REGULATIONS OF THE U.S. NAVY
The Standard Organization and Regulations
of the U.S. Navy (OPNAVINST 3120.32B) pro-
vides regulations and guidance governing the
conduct of all members of the Navy. This publica-
tion specifies duties and responsibilities of per-
sonnel within a unit organization—from the
commanding officer down to the messenger of the
watch.
The information quoted in italicized type in
this instruction is regulatory; these regulations
apply to each member of the U.S. Navy. Failure
to comply with the provisions of the regulatory
material is punishable in accordance with the
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