Article 15: Difference between revisions

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<center style="font-weight:700; color:white; font-size: 30px; font-family: 'Yu Gothic UI Semibold',sans-serif; text-shadow: 4px 4px 4px black">Star Fleet Nonjudicial Disciplinary Procedures<br>Article 15 / Captain's Mast</center>

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Note, Article 43 of the SFUCMJ prohibits the imposition of NJD more than two years after the commission of the offense.

<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Right of the Accused to Demand Trial by Court-Martial</h4>

Except in the case of a person attached to or embarked in a vessel, an accused service member may demand trial by court-martial in lieu of NJD. The key time factor in determining whether or not a person has the right to demand trial is the time of the imposition of the NJD, and not the time of the commission of the offense. The Star Fleet member should be informed of their right to demand trial by court-martial in lieu of NJD; of the maximum disciplinary measure which could be imposed at NJD; of the fact that, should they demand trial by court-martial, the charges could be referred for trial by summary, special, or general court-martial; of the fact that they could not be tried at summary court-martial over their objection; and that, at a special or general court-martial, they would have the right to be represented by counsel.

If the accused does not demand trial by court-martial within a reasonable time after having been advised of their rights (usually 3 workdays unless the commander grants an extension), or if the right to demand court-martial is not applicable, the accused shall be entitled to appear personally before the commanding officer for the NJD hearing. At such hearing, the accused is entitled to:<br>

(1) be informed of their rights under Art. 31, SFUCMJ (self- incrimination);<br>

Punitive censure for officers must be in writing, although it may be either oral or written for enlisted personnel. It should be noted that reprimand is considered more severe than admonition.

Arrest in quarters. The disciplinary measure is imposable only on officers. It is a moral restraint, as opposed to a physical restraint. It is similar to restriction, but has much narrower limits. The limits of arrest are set by the officer imposing the disciplinary measure and may extend beyond quarters. The term “quarters” includes military and private residences. The officer may be required to perform their regular duties as long as they do not involve the exercise of authority over subordinates.

<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Restriction</h4>

<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Extra Duties</h4>

<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Reduction in Grade</h4>

The disciplinary measure involves physical confinement and is tantamount to solitary confinement because contact is allowed only with authorized personnel. A medical officer must first certify in writing that the accused will suffer no serious injury and that the place of confinement will not be injurious to the accused. This disciplinary measure cannot be imposed upon grades E-4 and above.  

If disciplinary measure is imposed at NJD, the commanding officer is required to ensure that the accused is advised of their right to appeal. A person punished under article 15 may appeal the imposition of such disciplinary measure through proper channels to the appropriate appeal authority.

<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">NONJUDICIAL DISCIPLINARY MEASURE APPEALS</h3>

Reduction in grade. Reduction in grade, even though executed, may be mitigated. The amount of forfeiture can be no greater than that which could have been imposed by the mitigating commander had he initially imposed disciplinary measure. This mitigation may be done only within four months after the date of execution.

Adapted to Star Fleet/SF Marine Corps from 10 U.S. Code § 815 - Art. 15. Commanding officer’s non-judicial punishment.