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Additionally, where members of the naval service
are assigned to a multiservice command, the com-
mander of such multiservice command may appoint one
or more naval units and for each unit designate a com-
missioned officer of the naval service as CO for NJP
purposes over the unit. A copy of such designation must
he furnished to the Chief of Naval Personnel or the
Commandant of the Marine Corps, as appropriate, and
to the Judge Advocate General (JAG).
No officer may limit or withhold the exercise of any
disciplinary authority under Article 15 by subordinate
commanders without the specific authorization of SEC-
NAV.
If a CO determines that his or her authority under
Article 15 is not enough to make a proper disposition of
the case, he or she may refer the case to a superior
commander for appropriate disposition.
This situation could arise either when the CO’s NJP
powers are less extensive than those of his or her supe-
rior, or when the status of higher authority would add
force to the punishment, as in the case of a letter or
reprimand or admonition.
PERSONS ON WHOM NJP
MAY BE IMPOSED
A CO may impose NJP on all military personnel of
his or her command. An OIC may impose NJP only on
enlisted members assigned to the unit that he or she is
in charge of.
At the time punishment is imposed, the accused
must be a member of the command of the CO (or of the
unit of the OIC) who imposes the NJP. A person is of
the command or unit if he or she is assigned or attached
to it. This includes temporary additional duty (TE-
MADD) personnel. TEMADD personnel may be pun-
ished either by the CO of the unit that they are
TEMADD to or by the CO of the duty station that they
are permanently attached to. Note, however, that both
COs cannot punish an individual under Article 15 for
the same offense. In addition, a party to a JAG Manual
investigation remains of the command or unit that he or
she was attached to at the time of his or her designation
as a party for the sole purpose of imposing a letter of
admonition or reprimand as NJP.
Personnel of Another Armed Force
Under present agreements between the armed
forces, a Navy CO should not exercise NJP jurisdiction
on Army or Air Force personnel assigned or attached to
a naval command. As a matter of policy, return these
personnel to their parent-service unit for discipline. If
this is impractical and the need to discipline is urgent,
NJP maybe imposed, but a report to the Department of
the Army or Department of the Air Force is required.
See the Naval Military Personnel Manual (MILPERS-
MAN), Article 1860320.5a and 5b, for the procedures
to follow.
Express agreements do not extend to Coast Guard
personnel serving with a naval command, but other
policy statements say that the naval command should
not try to exercise NJP over such personnel assigned to
its unit. Refer to section 1-3(c), Coast Guard Military
Justice Manual, COMDTINST M5801.1.
Because the Marine Corps is part of the Department
of the Navy, no general restriction extends to the exer-
cise of NJP by Navy commanders over Marine Corps
personnel or by Marine Corps commanders over Navy
personnel.
Imposition of NJP on Embarked Personnel
The CO or OIC of a unit attached to a ship for duty
should, as a matter of policy, refrain from exercising his
or her power to imposed NJP and refer all such matters
to the CO of the ship for disposition. This policy does
not apply to Military Sealift Command (MSC) vessels
operating under masters or to organized units embarked
on a Navy ship for transportation only. Nevertheless,
the CO of a ship may permit a CO or an OIC of a unit
attached to that ship to exercise NJP authority.
Imposition of NJP on Reservists
Reservists on active duty for training or, under
some circumstances, inactive duty for training, are sub-
ject to the UCMJ and, therefore, subject to the imposi-
tion of NJP.
The offense(s) that the CO or OIC seeks to punish
at NJP must have occurred while the member was on
active duty or inactive duty training. However, it is not
necessary that NJP occurs (or the offense even be dis-
covered) before the end of the active duty or inactive
duty training period during which the alleged miscon-
duct occurred. In that regard, the officer seeking to
impose NJP has the following options:
. He or she may impose NJP during the active duty
or inactive duty training when the misconduct occurred.
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