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Page Title: Confinement on Bread and Water or Diminished Rations
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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

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