Unformatted text preview: Navy Regulations and the
UCMJ Learning Objectives
Learning The student will comprehend the purpose,
The 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.
personal The student will know the Secretary of the
The Navy’s Standards of Conduct required of all
naval Learning Objectives
Learning The student will comprehend 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.
– The student will know the proceedings of NJP and the
punishment that may be awarded at NJP proceedings.
– The student will know the three types of courts-martial
and the system of courts-martial review.
and U.S. Navy Regulations
U.S. Things to know about Navy REGS: – Principal regulatory document for the
Department of the Navy (DON).
– Endowed with the sanction of law.
– No other directive in the DON may conflict, alter,
or amend U.S. Navy Regulations.
– The CNO is responsible for ensuring that Navy
Regs conform to the current needs of the DON.
Regs U.S. Navy Regulations
U.S. Review of Contents. – Department of the Navy (Chapter 2).
• Discusses origin (acts of Congress, etc.), authority
(powers given by Congress) and the organization
found in the Navy Department, Shore Establishment,
operating forces, and the Naval Reserves. – Duties of the Commanding Officer (Chapter 8).
• Absolute responsibility for command. He/She can
delegate authority, but not responsibility. Slide 6 © 2001 By Default! U.S. Navy Regulations Review of Contents. – Senior Officer Present (Chapter 9).
• Definition: Senior line officer of the Navy on active
duty, eligible for command at sea, present in locality
and in command of any part of the DON in locality.
• Authority: Shall assume command of all DON
personnel when he/she deems necessary. Shall
exercise authority in a manner consistent with full
operational command due a commander of a unified
or specified command.
A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 7 © 2001 By Default! U.S. Navy Regulations Review of Contents. – Precedence, Authority, and Command (Chapter 10).
• Precedence of line officers, staff officers, warrant
officers, midshipmen, etc. An officer, either of the line
or staff corps, detailed to command by competent
authority, has authority over all officers or other
persons attached to the command, whatever their
rank, and whether they are of the line or staff corps. A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 8 © 2001 By Default! U.S. Navy Regulations Review of Contents.
– Honors and ceremonies (Chapter 12).
• Colors: Ceremonial hoisting and lowering of the national ensign.
• Salutes: Long-established form of greeting and recognition.
• Side Honors: Arrival or departure of civil officials, foreign officers
or as directed by the senior officer present.
• Funerals: Provides for ceremonies upon the death of a military
member or civil official. A Free sample background from www.pptbackgrounds.fsnet.co.uk Uniform Code of Military Justice
Uniform History and background:
– Began with Phoenicians who had very strict laws
pertaining to military personnel.
– Sea law differs from land law (civilian and military) due to
inherent hazards of sea. In 1775, "Rules for the
Regulation of the Navy of the United Colonies" was
created by Congress. Each service had different rules.
– In 1950, Congress adopted the UCMJ (uniform to all
services), to take effect 31 May 1951. Uniform Code of Military Justice
Uniform Purpose. – Seeks to promote good order, high moral, and
discipline. Scope. – Applies to every aspect of military life. Uniform Code of Military Justice
Uniform 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
Punitive Some Articles
– Conspiracy (Art. 81)
– Desertion (Art. 85)
– Absence without Leave (Art. 86)
– Missing Movement (Art. 87)
– Disrespect Toward A Superior Commissioned Officer
– Assaulting or Willfully Disobeying A Superior
Commissioned Officer (Art. 90)
Commissioned Punitive Articles of the UCMJ
Punitive More Articles
– 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. Punitive Articles of the UCMJ
Punitive 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
– General Article (Art. 134) – Catch All Slide 15 © 2001 By Default! UCMJ NOTE: Individuals can be tried even after
leaving the service for a crime committed
while in the service. “Double Jeopardy” in conjunction with a
civilian trial, though normally not done. A Free sample background from www.pptbackgrounds.fsnet.co.uk Non-Judicial Punishment
Non-Judicial History: – Greeks had NJP; field commanders could do
almost whatever they wanted.
– British commanders could assign death penalty
– Americans have always required court-martial.
NJP started in 1951 with application of Article 15
of the UCMJ. Non-Judicial Punishment
Non-Judicial Who may impose NJP? – Commanding Officers
– Officers in Charge and their superiors Who may receive NJP? – Any military member Non-Judicial Punishment
Non-Judicial Right to refuse – Ashore: A member may refuse NJP and elect
– At sea: No option to refuse NJP because it could
undermine good order and discipline. Slide 19 © 2001 By Default! Non-Judicial Punishment Nature of NJP
– For minor offenses only, not a trial; hence, non-judicial.
– Provides prompt judgment.
– No lawyers needed or allowed (unless CO grants specific
– If severity of charges warrant, CO may discontinue NJP
and order court martial. A Free sample background from www.pptbackgrounds.fsnet.co.uk NJP Procedures
NJP Procedure for NJP – Pre-mast
• Details of offense determined by investigating officer
• The accused must be read and acknowledge his/her
• The IO presents facts to the CO. Slide 21 © 2001 By Default! NJP Procedures Step 1: – Someone is officially accused of committing an
– 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.
command) A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 22 © 2001 By Default! 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 A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 23 © 2001 By Default! 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 A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 24 © 2001 By Default! NJP Procedures Step 4: Captain’s Mast – Commanding Officer • weighs all evidence & statements
• determines guilt or innocence and determines amount
& type of punishment A Free sample background from www.pptbackgrounds.fsnet.co.uk NJP Procedures
– Accused has the right to make a statement and present
witnesses in defense.
– CO weighs findings of IO, evidence, extenuating
– CO determines guilt/innocence and amount/type of
– Accused can appeal on grounds that the punishment was
unjust or disproportional to the offence. NJP Types of Punishment
NJP 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
days – at sea only
– (can only award to E-1 thru E-3) Courts-martial
Courts-martial Types of Courts-Martial – Summary
– General Summary Court-Martial
– Only for enlisted
– Minor offenses (Non-capital) Convening Authority: CO Composition:
– (1) Commissioned Officer Summary Court-Martial
Summary Types of punishment – 1 month confinement
– Reduction in Rate
– Forfeiture of Pay
– Fines, Restriction
– Accused CANNOT be discharged Special Court-Martial
Special Jurisdiction – Officers and enlisted
– Serious non-capital offenses Convening Authority – CO of any ship, shipyard, base or station Special Court-Martial
Special 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 Special Court-Martial
Special Punishment – Same as for Summary Court Martial plus
– Confinement with Hard Labor for 6 months
– 6 months forfeiture of 2/3 pay!
– Dishonorable Discharge General Court-Martial
– Normally officers and for capital offenses Convening Authority
– Fleet Commander-in-Chief
– CO’s empowered by SECNAV or President General Court-Martial
General Composition – Military Judge and not less than 5 members
– Military Judge ONLY (if offense non-capital and
– Defense and trial counsel appointed
– If accused is enlisted, he/she can request 1/3 of
members be enlisted.
members General Court-Martial
General Punishment – Confinement at Hard Labor
– Total forfeiture of pay
– Dishonorable Discharge
– Officer Dismissal
– Life Imprisonment or Death Penalty Standards of Conduct
Standards The Secretary of Defense’s “Standards of
Conduct” for military personnel are outlined
in the DOD Directive 5500.7 (series),
“Standards of Conduct,” and DOD Directive
5500.7R, “Joint Ethics Regulation,” and are
also addressed in The Bluejacket’s Manual
(page 111). The standards for all military
personnel can be referred to as the “15
Never’s” and are listed below: Standards of Conduct
Standards Never use your position as a member of the Navy
for private gain. Never give preferential treatment to any person or
organization. Never do things that will reduce government
efficiency or economy. Never give up independence or lose your
impartiality. Slide 38 © 2001 By Default! Standards of Conduct Never make decisions or take actions that will bypass the
chain of command or go outside official channels. Never do anything that will adversely affect the public’s
confidence in the U.S. Navy or U.S. government. Never take part in any business or financial dealings that
result in a conflict between your private interest and the
public interest of the United States. Never engage in any activity that might result in or
reasonably be expected to create the appearance of a
conflict of interest.
A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 39 © 2001 By Default! Standards of Conduct Never accept gifts from defense contractors or
others who are trying to do business with the U.S.
government. Never use your official position to influence any
person to provide any private benefit. Never use your rank, title, position, or uniform for
commercial purposes. Never accept outside employment or take part in
any activity that is incompatible with your duties or
may bring discredit to the Navy. A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 40 © 2001 By Default! Standards of Conduct Never take or use government property or
services for other than officially approved
purposes. Never give gifts to your superiors or accept
them from your subordinates. Never conduct official business with persons
whose participation in the transaction would
be in violation of the law. A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 41 © 2001 By Default! Standards of Conduct
Never, Never, Never walk by your favorite LT
Instructor the morning of 22 SEP
2010 and not salute, two days
after you took a test on saluting. A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 42 © 2001 By Default! Potential Test/Quiz Questions What document gives the Commanding
What Officer his authority?
Officer Describe the procedure for taking someone
Describe to Captain’s Mast.
to What types of punishments can be awarded
What at Captain’s Mast?
at A Free sample background from www.pptbackgrounds.fsnet.co.uk Slide 43 © 2001 By Default! Potential Test/Quiz Questions Describe the make-up of a General Court- Martial. What types of punishments can be awarded
What at a Special Court-Martial?
at A Free sample background from www.pptbackgrounds.fsnet.co.uk ...
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- Fall '08
- Uniform Code of Military Justice, Free sample background