Custom Search
|
|
Reference to Court-Martial When a CO refers a case to a court-martial from CO's mast, do not make any service record entry unless the case involves a UA of the service member. When a UA case is referred to a court-martial, the DAPMAN requires you to make entries on a NAVPERS 1070/606 showing the UA. Punishment Imposed Whenever NJP is imposed on enlisted members, a memorandum entry on page 9 is required by the MILPERSMAN. If the case is dismissed or excused, no service record entry on a page 9 is needed. An example of a page 9 entry is shown in figure 5-15. PUNISHMENT AFFECTING PAY.- The cardinal principle here is that for every punishment that affects the member's pay, you must prepare a NAVPERS 1070/607. Punishments that affect pay are a reduction in rate and forfeiture of pay. An example of how to use the NAVPERS 1070/607 is shown in figure 5-16. See the DAPMAN for detailed instruction on its use along with numerous explanatory examples. Before turning to specific UA examples, there is one general requirement--wherever the mast results in a reduction in rate, the MILPERSMAN requires a page 4 entry in addition to all other required entries. UA, Less Than 24 Hours.-- Because there is no lost time when a UA period is less than 24 hours, it is not necessary to prepare a NAVPERS 1070/ 606. You need only prepare a NAVPERS 1070/607 substantially as shown in figure 5-17. Because you will have a page 13 entry, it will, of course, be necessary to make another page 13 entry showing the end of UA. Do not put the NJP entry on a page 13 as it has been made on a NAVPERS 1070/607. UA, More Than 24 Hours.- In this case, you will have prepared a NAVPERS 1070/606 on the second day of UA. After the CO decides that the absence was both (1) unauthorized absence and (2) not excused (both of which the CO must do before imposing any punishment that affects pay), you must complete blocks 38 though 42 of the NAVPERS 1070/606 as shown in figure 5-18. Do not record the punishment awarded in section 1. Instead, you will show the punishment awarded on a NAVPERS 1070/607 as shown in figure 5-19. PUNISHMENT NOT AFFECTING PAY.- Again we must distinguish between offenses that involve lost time and those that do not. If the punishment does not affect the member's pay (a punishment other than reduction or forfeiture) and does not involve lost time, you need only make a page 13 entry as shown in figure 5-20. Other sample page 13 entries are given in the MILPERSMAN. If lost time is involved, you will need to complete the NAVPERS 1070/606 that initially recorded the UA. Because the punishment does not affect pay, it is not necessary to prepare a NAVPERS 1070/607.
Figure 5-15.-Preparation of Enlisted Performance Record, NAVPERS 1070/609.
Figure 5-16.-Preparation of Court Memorandum, NAVPERS 1070/607.
Figure 5-17.-Preparation of Court Memorandum, NAVPERS 1070/607, reflecting NJP punishment for a UA period of less than24 hours.
Figure 5-19.-Preparation of Court Memorandum, NAVPERS 1070/607, reflecting NJP punishment for UA over 24 hours.
Figure 5-20.-Preparation of Page 13, NAVPERS 1070/613, reflecting NJP results. For other punishments that do not affect the pay of an individual (extra duty, restriction, or arrest in quarters), it is good administrative practice to spell out in writing the specific orders on these types of punishment even though there are no specific regulations requiring anything more than a notation in the proper block on the NAVPERS 1626/7. Figures 5-21 and 5-22 show samples of orders to carry out when extra duty and restriction have been awarded as a result of CO's mast. In some cases involving restriction, your command may not have the facilities to properly administer restriction. In such cases, you should make arrangements
Figure 5-21.-Sample letter of orders to carry out NJP punishment of extra duty.
Figure 5-22.-Sample letter of instruction for carrying out punitive restriction. with the nearest command that does have the facilities to properly administer restriction, and in these cases you may be required to prepare TEMADD orders for the period of punishment. |
||