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A person punished under Article 15 may
appeal the imposition of such punishment
through proper channels to the appropriate
appeal authority. If, however, the offender is
transferred to a new command before filing
his or her appeal, the immediate CO of the
offender at the time the appeal is filed should
send the appeal directly to the officer who
imposed the punishment.
When the officer who imposed the
punishment is in the Navy chain of command,
the appeal will normally be sent to the area
coordinator authorized to convene general
courts-martial.
A GCM authority superior to
the officer
imposing punishment
may,
however, set up an alternate route for appeals.
When the area coordinator is not superior
in rank or command to the officer imposing
punishment, or when the area coordinator is
the officer imposing punishment, the appeal
will be sent to the GCM authority next
superior in the chain of command to the
officer who imposed the punishment. An
immediate or delegated area coordinator who
has authority to convene GCMs may take
action instead of an area coordinator if he or
she is superior in rank or command to the
officer who imposed the punishment.
For mobile units, the area coordinator for
the previous purposes is the area coordinator
most accessible to the unit at the time of
sending the appeal.
When the officer who imposed the
punishment is in the chain of command of the
Commandant of the Marine Corps, the appeal
will be made to the officer next superior in
the chain of command to the officer who
imposed the punishment.
When the officer who imposed the
punishment has been designated a CO for
naval personnel of a multiservice command,
the appeal will be made according to the
JAGMAN.
A flag or general officer in command may,
with the express prior approval of the Chief of
Naval Personnel or the Commandant of the
Marine Corps, delegate authority to act on
appeals to a principal assistant. An officer
who has delegated his or her NJP power to a
principal assistant may not act on an appeal
from punishment imposed by that assistant.
TIME
Appeals must be submitted in writing
within 5 days of the imposition of NJP or the
right to appeal is waived in the absence of
good cause shown.
The appeal period runs
from the date the accused is informed of his
or her appeal rights. Normally, this is the day
NJP is imposed.
With an appeal submitted
more than 5 days after the imposition of NJP
(less any mailing delays), the officer acting on
the appeal determines whether good cause was
shown for the delay in the appeal.
If it appears to the accused that good cause
may exist that would make it impossible or
extremely difficult to prepare and submit the
appeal within the 5-day period, the accused
should immediately advise the officer who
imposed the punishment of the problems and
request an extension of time.
The officer
imposing NJP determines whether good cause
was shown and advises the accused whether
an extension of time is permitted.
UNIT PUNISHMENT BOOK
The UPB contains a record of all NJP
hearings conducted by a command, not just
those in which punishment was awarded, and
is required by the MILPERSMAN. The form
that is used to record NJP hearings is the
NAVPERS 1626/7. When all actions have
been completed on a particular NJP hearing,
the space provided in the final administrative
action portion of the NAVPERS 1626/7 (see
section J) that indicates when the case record
is filed in the UPB should be filled out.
Although there is no requirement to do so, it
is good administrative practice to attach all
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