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The power to impose NJP is inherent in
the office and not in the individual. Thus, the
power may be exercised by a person acting as
CO, such as when the CO is on leave and the
executive officer (XO) succeeds to command.
OICs exist in the naval service. An OIC
is a commissioned officer appointed as an
OIC of a unit by departmental orders, tables
of organization,
manpower authorizations,
orders of a flag or general officer in
command, or orders of the senior officer
present.
Ordinarily, the power to impose NJP
cannot be delegated. One exception is that a
flag or general officer in command may
delegate all or a portion of his or her Article
15 powers to a principal assistant. A principal
assistant is a senior officer on a flag or
general officers staff who is eligible to
succeed to command. This delegation must
be made with the express approval of the
Chief of Naval Personnel or the Commandant
of the Marine Corps.
Additionally, where members of the naval
service are assigned to a multiservice
command,
the
c o m m a n d e r of
such
multiservice command may appoint one or
more naval units and for each unit designate
a commissioned officer of the naval service as
CO for NJP purposes over the unit. A copy
of such designation must be furnished to the
Commander,
Naval Military Personnel
Command 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
SECNAV.
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
COs NJP powers are less extensive than
those of his or her superior, or when the
status of higher authority would add force to
the punishment, as in the case of a letter of
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 (TEMADD) personnel.
TEMADD personnel may be punished 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 a member 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 may be
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