THE NJP PACKAGE

LEARNING OBJECTIVES: List the functions of the Report and Disposition of Offenses, NAVPERS 1626/7. Explain how to properly complete the NAVPERS 1626/7.

The NJP package includes numerous documents and forms along with any evidence pertaining to the case. Strict compliance with filling out the forms is essential to a proper nonjudicial punishment proceeding.

REPORT AND DISPOSITION OF OFFENSE(S), NAVPERS 1626/7

Your office can receive notification that an offense has been committed in a variety of ways. These can include a shore patrol report, a verbal complaint by a victim, or a local report chit. Except when serious crimes are involved, charges are reduced to writing on the Report and Disposition of Offense(s), NAVPERS 1626/7, and processed in the manner prescribed by the form itself.

The NAVPERS 1626/7 is a one-sheet (back and front) form. It is not a substitute for a charge sheet and it is not a substitute for the pretrial investigation required by Article 32, UCMJ. However, so long as the offense(s) remains in the group of cases to be handled by the CO at mast, this one form satisfies most paper work requirements of a mast proceeding. Among the functions the NAVPERS 1626/7 serves are the following:

It reports the offense(s).

It records that the accused has been advised of his or her rights under Article 31, UCMJ.

It records any premast restraint.

It serves as a preliminary inquiry report.

It records the action of the XO at screening mast.

It records that the accused has been advised of the right to refuse NJP (if that right exists under the circumstances of the case).

It shows the action of the CO at mast.

It records that appeal rights have been explained to the accused.

It becomes a permanent record of the case in the Unit Punishment Book (UPB). No additional record is needed, such as 3 x 5 cards or a mast logbook.

Remember, however, that the NAVPERS 1626/7 does not include all the required premast advice that must be given to the accused according to section 0109 of the JAG Manual.

Regardless of how the commission of a minor offense is brought to your attention, you will probably need to prepare the smooth NAVPERS 1626/7. Figure 6-1 illustrates a completed NAVPERS 1626/7. Let's

look at the information that you will place on this form.

PREPARATION OF NAVPERS 1626/7

Referring to figure 6-1, section A, start with addressing the report to the OIC or CO of the accused. Fill in the date of the report. Type the accused's last name, first name, and middle initial. Type in the accused's social security number, present rate, and branch and class of service. Designate the department or division to which the accused is attached. Fill in the place of the offense. If there is more than one place, list all applicable places of the offense(s). Show the date of the commission of the offense. If there is more than one date, show all dates.

In the section entitled Details of the Offense, it is not mandatory that you type the offenses in the manner that you would on a charge sheet. However, this is good practice. If you always prepare a specification in full detail, you will not have to change it in the event the charges are referred to court-martial.

List military witnesses to the offense in order of seniority, followed by civilian witnesses, if any. If the witnesses are attached to the same command as the offender, it is only necessary to give the witness' division or department. If the witness is attached to another command, identify that command completely. If a witness is a civilian, give the complete address, business and home, if available. Finally, be sure to get the signature of the person placing the accused on report.

Section B of figure 6-1 shows the acknowledgement of the accused as having been informed of the nature of the accusation(s) against him or her and his or her right not to answer any questions relating to the offense. After the accused is formally informed of the accusations against him or her, this section should be signed by the accused and the person informing the accused of his or her right. If the accused refuses to sign this section, that fact must be witnessed by the person informing the accused of the accusations who will sign attesting to that fact.

Section C of figure 6-1 shows any premast restraint of the accused. If the accused is not being restricted, put the entry in the No Restrictions block. On the other hand, if the accused is placed on restriction pending investigation of the charges, you will either mark the Confined for Safekeeping block or the Restricted block. If the Restricted block is used, fill in the restricted to the limits of portion. Be sure to

Figure6-1.-Report and Disposition of Offense(s), NAVPERS 1626/7.

Figure 6-1.-Report and Disposition of Offense(s), NAVPERS 1626/7-Continued.

Figure 6-2.-Sample preliminary inquiry officer's report.

get the signature and title of the person who is imposing the restraint.

Section D of figure 6-1 shows information about the accused. Get the accused's service record before filling this section out in order to verify all the information. In the section Record of Previous Offense(s), list all NJPs and courts-martial during the accused's current enlistment.

PRE-MAST SCREENING

LEARNING OBJECTIVES: Explain the preliminary inquiry. Identify the preheating advice and the forms used to document NJP screening. Describe the executive officer's screening process.

After you have completed the front of the NAVPERS 1626/7, the case must touch two more bases before it is ready for hearing by the CO. The first step is to refer the report chit to an officer or senior enlisted person for a preliminary inquiry that will later be screened by the XO.