| |
When extra duties are imposed upon a petty or
noncommissioned officer, the duties cannot be demean-
ing to his or her rank or position. The immediate CO of
the accused normally designates the amount and char-
acter 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 promo-
tional 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
1640.7C.
Time spent in correctional custody is not lost time.
Correctional custody cannot 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.
Check the local operating procedures for the nearest
CCU 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. Dimin-
ished rations is a restricted diet of 2,100 calories per day,
and instructions for its use are detailed in SECNAV-
INST 1640.9.
EXECUTION OF PUNISHMENTS
All punishments, if not suspended, take effect when
imposed. This means that the punishment in most cases
will take effect when the CO informs the accused of his
or her punishment decision. Thus, if the CO wishes to
impose a prospective punishment, one to take effect at
a future time, he or she should simply delay the impo-
sitions of NJP altogether. There are, however, several
specific rules that authorize the deferral or stay of a
punishment already imposed.
Deferral of Correctional Custody or
Confinement on Bread and Water or
Diminished Rations
The JAGMAN, section 0113b(3), permits a CO or
an OIC to defer correctional custody, confinement on
bread and water, or confinement on diminished rations
for up to 15 days when adequate facilities are not
available, the exigencies of the service so require, or the
accused is not physically fit for the service of the
punishments.
Deferral of Restraint Punishments
Pending Appeal From NJP
A service member who has appealed NJP may be
required to undergo any punishment imposed while the
appeal is pending. However, if action is not taken on the
appeal within 5 days after the appeal was submitted, and
if the service member so requests, any unexecuted pun-
ishment involving restraint or extra duties is stayed until
action on the appeal is taken.
Interruptions of Restraint Punishment
by Subsequent NJP
The execution of any NJP involving restraint will
normally be interrupted by a later NJP where restraint
is awarded. Thereafter, the unexecuted portion of the
prior restraint punishment will be executed. The officer
imposing the later punishment, however, may order that
the prior punishment be completed before the service of
the later punishment.
5-25
|
