navy regulations and the ucmj. learning objectives the student will know... (1) the purpose, scope,...

Navy Regulations and the UCMJ

Learning Objectives

• The student will know . . .• (1) the purpose, scope, and constitutional basis

of U.S. Navy Regulations and the Uniform Code of Military Justice and relate these regulations to personal conduct in the military service.

Learning Objectives

• The student will know . . .• (2) junior officer responsibilities relative to the

military justice system including familiarization with non-judicial punishment (NJP), courts-martial, and essential publications relating to military justice, including:

• the proceedings of NJP and the punishment that may be awarded at NJP.

• the 3 types of courts-martial and the system of courts-martial review.

U.S. Navy Regulations

• Things to know about Navy REGS:• (1) Principal regulatory document for the

Department of the Navy (DON)• (2) Endowed with the sanction of law• (3) No other directive in the DON may conflict,

alter, or amend U.S. Navy Regulations• (4)The CNO is responsible for ensuring that

Navy Regs conform to the current needs of the DON.

U.S. Navy Regulations

• Some Chapters• 2: Discusses origin, authority, and organization

found in the Navy Department• 8: Duties of the Commanding Officer• 9: Senior Officer Present (Definition & Authority)• 10: Precedence, Authority, and Command• 12: Honors and Ceremonies

• http://neds.nebt.daps.mil/regs.htm

http://neds.nebt.daps.mil/regs.htm

The Commanding Officer

• Responsibility for his command is absolute; he may delegate authority, but not responsibility.

• Responsible for accomplishment of mission and duties assigned.

• Responsible for maintaining good order and discipline.

Precedence, Authority and Command

• Detailed in Chapter 10 of Navy Regs.• Shows relative rank and precedence of officers

of different services.• Discusses exercise of authority.• Authority over subordinates.• Contradictory and conflicting orders.• Succession of command.• Succession in battle.

Senior Officer Present

• Definition • The senior line officer present

• Authority• SOPA shall assume command of all DON

personnel when deemed necessary.

Uniform Code of Military Justice

• History• Purpose• Scope• Persons subject to UCMJ• Specific offenses from Naval Orientation• http://jaglink.jag.af.mil/ucmj.htm

http://jaglink.jag.af.mil/ucmj.htm

http://jaglink.jag.af.mil/ucmj.htm


• History and Background• Phoenicians were first people to have strict laws

concerning military personnel• 1775, “Rules for the Regulation of the Navy of

the United Colonies” was drafted by Congress• 1950, Congress adopted the UCMJ (applies to

all the armed forces)


• Purpose• Seeks to promote good order, high morals, and

discipline

• Scope• Applies to every aspect of military life


• Who is subject to the UCMJ?• Active duty personnel• Reservists on active duty• US Naval Academy Midshipmen• Retired personnel receiving benefits• Civilians under martial law• NROTC Midshipmen on summer cruise

Punitive Articles of the UCMJ

• Some Articles• Conspiracy (Art. 81)• Desertion (Art. 85)• Absence without Leave (Art. 86)• Missing Movement (Art. 87)• Disrespect Toward A Superior Commissioned

Officer (Art. 89)


• More Articles• Assaulting or Willfully Disobeying A Superior

Commissioned Officer (Art. 90)• Insubordinate Conduct Toward Warrant Officer,

Noncommissioned Officer, or Petty Officer (Art. 91)• Failure to Obey Order or Regulation (Art. 92)• Aiding the Enemy (Art. 104)• Spies (Art. 106)• Drunken or Reckless Driving (Art. 111)• Wrongful Use, Possession, etc. of Controlled

Substances (Art. 112a)


• More Articles• Murder (Art. 118)• Manslaughter (Art. 119)• Rape and Carnal Knowledge (Art. 120)• Assault (Art. 128)• Perjury (Art. 131)• Conduct Unbecoming an Officer and a Gentleman

• (Art. 133)

• General Article (Art. 134) – Catch All

Non-Judicial Punishment

• What is NJP?• In order to maintain good order and discipline

within his command, the UCMJ gives commanding officers the authority to award certain types of punishment when necessary.

• It is NOT a trial! (No lawyers.)• Exacting standards of a court proceeding do not

apply (regarding evidence, etc.)


• History• Greeks had NJP• Royal Navy commanders could sentence sailors

to death!• Today’s form of NJP was established in 1951

(Article 15 of UCMJ)


• Who may impose NJP?• CO’s• Officers in Charge and their superiors

• Who may receive NJP?• Any military member


• Does the accused have the right to refuse NJP?• If they are attached to a shore command, yes.• They can choose a court-martial instead.

• What about at sea?• Members cannot refuse NJP because it could

undermine good order and discipline.

NJP Procedures

• Step 1:• Someone is officially accused of committing an

offense.• A report chit is written up and sent to the Legal

officer.

• Step 2:• An officer (not in the accused’s chain of

command) does a preliminary investigation.

NJP Procedures

• Step 3: Executive Officer’s Inquiry (XOI)• XO holds a pre-mast hearing • Makes recommendation to CO

• dismissal of case• award punishment at NJP• send to court-martial

NJP Procedures

• Step 4: Captain’s Mast• CO stands behind podium• Division officer and chief are present• Accused is summoned• CO reads his/her rights

• Accused has right to make statement on own behalf

NJP Procedures

• Step 4: Captain’s Mast• Commanding Officer

• weighs all evidence & statements• determines guilt or innocence and determines amount

& type of punishment

NJP Types of Punishment

• Extra duty (up to 45 days)• Restriction (up to 45 days)• Forfeiture of 1/2 month’s pay for 2 months• Reduction in rate (“Busting”)• Admonition & Reprimand• 3 days bread and water

• at sea only

• (can only award to E-1 thru E-3)

Limits of Punishments

• Rank of CO or OIC limits what he can do.• O-4 (LCDR) to O-6 (CAPT) can award to an E-5

the following:• 1/2 month’s pay for 2 months• 45 days restriction• 45 days extra duty• Reduction in rate• NOT 3 days bread & water

Courts-martial

Types of Courts-Martial

• Summary• Special• General

Summary Court-Martial


• Jurisdiction• Only for enlisted• Minor offenses (Non-capital)

• Convening Authority: CO• Composition:

• (1) Commissioned Officer


• Types of punishment• 1 month confinement• Reduction in Rate• Forfeiture of Pay• Fines, Restriction• Accused CANNOT be discharged

Special Court-Martial


• Jurisdiction• Officers and enlisted• Serious non-capital offenses

• Convening Authority• CO of any ship, shipyard, base or station


• Composition• Military Judge and not less than 3 members• Military Judge ONLY (if requested)• Defense and trial counsel are appointed• Enlisted may request 1/3 of members be an

enlisted person from another command• Court hears evidence and votes on findings


• Punishment• Same as for Summary CM plus• Confinement with Hard Labor for 6 months• 6 months forfeiture of 2/3 pay!• Dishonorable Discharge

General Court-Martial


• Jurisdiction• Normally officers and for capital offenses

• Convening Authority• President• SECNAV• Fleet C-in-C • CO’s empowered by SECNAV or President


• Composition• Military Judge and not less than 5 members• Military Judge ONLY (if offense non-capital and

requested)• Defense and trial counsel appointed• IF accused is enlisted, he/she can request 1/3 of

members be enlisted.


• Punishment• Confinement at Hard Labor• Total forfeiture of pay• Dishonorable Discharge• Officer Dismissal• Life Imprisonment or Death Penalty

Potential Test Questions

• What document gives the Commanding Officer his authority?

• Describe the procedure for taking someone to Captain’s Mast.

• What types of punishments can be awarded at Captain’s Mast?

Potential Test Questions

• Describe the make-up of a General Court-Martial.

• What types of punishments can be awarded at a Special Court-Martial?

• What are the 3 different kinds of Court-Martial?

• Which is used for strictly enlisted?

navy regulations and the ucmj. learning objectives the student will know... (1) the purpose, scope,...

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