4,646
edits
Article 15: Difference between revisions
m
no edit summary
mNo edit summary |
mNo edit summary |
||
| (3 intermediate revisions by the same user not shown) | |||
| Line 110: | Line 110: | ||
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. | 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. | 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;">Restriction</h4> | ||
| Line 116: | Line 115: | ||
<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;">Extra Duties</h4> | ||
Various types of duties may be assigned, in addition to routine duties, as disciplinary measure. Part V, para. 5c(6), MCM ( | Various types of duties may be assigned, in addition to routine duties, as disciplinary measure. Part V, para. 5c(6), MCM (2435 ed.), however, prohibits extra duties which constitute a known safety or health hazard, which constitute cruel and unusual disciplinary measure, or which are not sanctioned by the customs of the service involved. Additionally, when imposed upon a petty or noncommissioned officer (E-4 and above), the duties cannot be demeaning to their rank or position. | ||
<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Reduction in Grade</h4> | <h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Reduction in Grade</h4> | ||
| Line 127: | Line 126: | ||
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. | 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. | 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> | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">NONJUDICIAL DISCIPLINARY MEASURE APPEALS</h3> | ||
| Line 195: | Line 193: | ||
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. | 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. | ||
<h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">SOURCE(S) USED</h3> | |||
Adapted to Star Fleet/SF Marine Corps from 10 U.S. Code § 815 - Art. 15. Commanding officer’s non-judicial punishment. | Adapted to Star Fleet/SF Marine Corps from 10 U.S. Code § 815 - Art. 15. Commanding officer’s non-judicial punishment. | ||
UPDATE HISTORY | <h3 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">UPDATE HISTORY</h3> | ||
350930 Added SFJAG logo, section headers and TOC. [mailto:splatter2@yahoo.com Michael Dailey]<br> | |||
350930 Added SFJAG logo, section headers and TOC. [mailto:splatter2@yahoo.com Michael Dailey] | 350904 Adapted & created by [mailto:splatter2@yahoo.com Michael Dailey]<br> | ||
350904 Adapted & created by [mailto:splatter2@yahoo.com Michael Dailey] | |||