NAVET-A prior service veteran whose last tour of active duty or active duty for training was in the USN or USNR, who has been discharged or released for more than 2 hours, and who has completed a minimum of 180 consecutive days of active duty.

NEGLECT-Omission or failure to do an act or perform a duty due to want of due care or attention.

NEGLIGENCE-Unintentional conduct that falls below the standards established by law for the protection of others against unreasonable risk of harm. The failure of a person to exercise the care that a reasonably prudent person would exercise under similar circumstances; something that a reasonable man, guided by those ordinary considerations that ordinarily regulate human affairs, would or would not do.

NONJUDICIAL PUNISHMENT-Punishment imposed under Article 15, UCMJ, for minor offenses, without the intervention of a court-martial.

NONPUNITIVE MEASURES-Those leadership techniques, not a form of informal punishment, that may be used to further the efficiency of a command.

OATH-A formal external pledge, coupled with an appeal to the Supreme Being, that the truth will be stated.

OBJECTION-A declaration to the effect that the particular matter or thing under consideration is not done or admitted with the consent of the opposing party, but is by him or her considered improper or illegal, and referring the question of its propriety or legality to the court.

OFFICE HOURS-The term applied through tradition and usage in the Marine Corps to nonjudicial punishment.

OFFICER-Any commissioned or warrant officer of the armed forces, warrant officer W-1, and above.

OFFICER IN CHARGE-A member of the armed forces designated as such by appropriate authority.

OFFICIAL RECORD-A writing made as a record of a fact or event, whether the writing is in a regular series of records or consists of a report, finding, or certificate, and made by any person within the scope of his or her official duties provided those duties include a duty to know, or to ascertain through appropriate and trustworthy channels of information, the truth of the fact or event, and to record such fact or event.

ON DUTY-(As used in UCMJ, Article 112). In the exercise of duties of routine or detail, in garrison, at a station, or in the field; does not relate to those periods when, no duty being required of military personnel by order of regulations, they occupy the status of leisure known as "off duty" or "on liberty."

OPINION OF THE COURT-A statement by a court of the decision reached in a particular case, expounding the law as applied to the case, and detailing the reasons upon which the decision is based.

ORAL EVIDENCE-The sworn testimony of a witness received at trial.

OSVET-A prior service veteran whose last tour of active duty was in a branch of service other than Navy, has been discharged or released more than 2 hours, and has completed a minimum of 180 consecutive days' active duty.

PAST RECOLLECTION RECORDED- Memorandum prepared by a witness, or read by him or her and found to be correct, reciting facts or events that represent his or her past knowledge possessed at a time when his or her recollection was reasonably fresh as to the facts or events recorded.

PER CURIAM-"By the court"; a phrase used in the report of the opinion of a court to distinguish an opinion of the whole court from an opinion written by any one judge.

PER SE-Taken alone; in and of itself; inherently.

PERPETRATOR-One who actually commits the crime, either by his or her own hand, by an animate or inanimate agency, or by an innocent agent.

PLEADING-The written formal indictment by which an accused is charged with an offense; in military law, the charges and specifications.

PLEAS-The accused's response to each charge and specification.

POSSESSION-Actual physical control and custody over an item of property.

PREFERRAL OF CHARGES-The formal accusation against an accused by an accuser signing and swearing to the charges and specifications.

PREJUDICIAL ERROR-An error of law that materially affects the substantial rights of the accused and requiring corrective action.

PRELIMINARY INQUIRY-The _initial investigation of a reported or suspected violation of the UCMJ.

PRESIDENT OF A COURT-MARTIAL-The detailed senior member in rank present at the trial.

PRESIDING OFFICER-In a special court-martial without a military judge, it is the president of the court; in a court-martial with a military judge, the presiding officer is the military judge.

PRESUMPTION-A fact that the law requires the court to deduce from another factor facts shown by the state of the evidence unless that fact is overcome by other evidence before the court.

PRETRIAL AGREEMENT.-An agreement offering the accused to plead guilty to one or more specifications in exchange for a limit on some type of punishment.

PRETRIAL INVESTIGATION-An investigation pursuant to Article 32, UCMJ, that is required before convening a GCM, unless waived by the accused.

PRIMA FACIE CASE-Introduction of substantial evidence that, together with all proper inferences to be drawn therefrom and all applicable presumptions, reasonably tends to establish every essential element of an offense charged or included in any specification.

PRINCIPAL-(1) One who aids, abets, counsels, commands, or procures another to commit an offense that is subsequently perpetrated in consequence of such counsel, command, or procuring, whether the individual is present or absent at the commission of the offense; (2) the perpetrator.

PRIOR ENLISTMENT OR PERIOD OF SERVICE-Service in any component of the armed forces, including the Coast Guard, that culminated in the issuance of a discharge certificate or certificate of service.

PROBABLE CAUSE-(1) For apprehension, a reasonable grounds for believing that an offense has been committed and that the person apprehended committed it; (2) for pretrial restraint, reasonable grounds for believing that an offense was committed by the person being restrained; and (3) for search, a reasonable grounds for believing that items connected with criminal activity are located in the place or on the person to be searched.

PROCESSING COMMAND-The parent command to which a member is permanently assigned has primary responsibility for administrative processing.

PROVOKING-Tending to incite, irritate, or enrage another.

PROXIMATE CAUSE-That which, in natural and continuous sequence, unbroken by an efficient intervening cause, produces a result, and without which the result would not have occurred.

PROXIMATE RESULT-A reasonably foreseeable result ordinarily following from the lack of care complained of, unbroken by any independent cause.

PUNITIVE ARTICLES-Articles 78 and 80 through 134, UCMJ, that generally describe various crimes and offenses and state how they may be punished.

PUNITIVE DISCHARGE-A discharge imposed as punishment by a court-martial, either a bad-conduct discharge or a dishonorable discharge.

QUALIFIED COUNSEL-Counsel qualified under Article 27(b), UCMJ, and who does not have any direct responsibility for advising the convening authority or separation authority on the proceedings involving the respondent.

RAPE-An act of sexual intercourse with a female, not the accused's wife, done by force and without her consent.

REAL EVIDENCE-Any physical object offered into evidence at trial.

RECESS-A short period of time during which a trial is not in progress.

RECKLESSNESS-An act or omission exhibiting a culpable disregard for the foreseeable consequences of that act or omission; a degree of carelessness greater than simple negligence.

RECONSIDERATION-The action of the convening authority in returning the record of trial to the court for renewed consideration of a ruling of the court dismissing a specification on motion, where the ruling of the court does not amount to a finding of not guilty.

REFERRAL OF CHARGES-The action of a convening authority in directing that a particular case be tried by a particular court-martial previously created.

RELEASE FROM ACTIVE DUTY-Termination of active duty status and transfer or reversion to a Reserve component not on active duty including transfer to the Individual Ready Reserve.

RELEVANCY-That quality of evidence that renders it properly applicable in proving or disproving any matter in issues; a tendency in logic to prove or disprove a fact that is in issue in the case.

REMEDIAL ACTION-Action taken by proper reviewing authorities to correct an error or errors in the proceedings or to offset the adverse impact of an error.

REMISSION-Action by proper authority interrupting the execution of a punishment and canceling out the punishment remaining to be served, while not restoring any right, privilege, or property already affected by the executed portion of the punishment.

REPROACHFUL-Censuring, blaming, discrediting, or disgracing of another's life or character.

RESISTING APPREHENSION-An active resistance to the restraint attempted to be imposed by the person apprehending.

RESPONDENT-A member who has been notified that action has been initiated to separate the member.

RESTRICTION-Moral restraint imposed as punishment, or pretrial restraint upon a person by oral or written orders limiting him or her to specified areas of a military command, with the further provision that he or she will participate in all military duties and activities of his or her organization while under such restriction.

REVISION-A procedure to correct an apparent error or omission or improper or inconsistent action of a court-martial with respect to a finding or a sentence.

SEARCH-A quest for incriminating evidence.

SEIZURE-To take possession of forcibly, to grasp, to snatch, or to put into possession.

SELF-DEFENSE-The use of reasonable force to defend oneself against immediate bodily harm threatened by the unlawful act of another.

SELF-INCRIMINATION-The giving of evidence against oneself that tends to establish guilt of an offense.

SENTENCE-The punishment awarded an accused who is found guilty of an offense by a court-martial.

SEPARATION-A general term that includes discharge, release from active duty, transfer to the

Fleet Reserve or Retired List, release from custody and control of the military services, transfer to the Individual Ready Reserve, and similar changes in active or Reserve status.

SEPARATION AUTHORITY-Chief of Naval Personnel is authorized to take final action with respect to the specified types of separation, or any officer so designated by the Chief of Naval Operations. The Secretary of the Navy is separation authority for release from active duty of member of the Reserve components who are within 2 years of eligibility for retirement or retainer pay. The separation authority for active duty members being involuntarily separated who have 18 years or more service is the Chief of Naval Operations.

SERIOUS OFFENSE-Offenses under the UCMJ for which a punitive discharge is authorized by the Manual for Courts-Martial.

SET ASIDE-Action by proper authority voiding the proceedings and the punishment awarded and restoring all rights, privileges, and property lost by virtue of the punishment imposed.

SIMPLE NEGLIGENCE-The absence of due care; for example, an actor omission by a person who is under a duty to use due care that exhibits a lack of that degree of care for the safety of others that a reasonably prudent man would have exercised under the same or similar circumstances.

SLIP LAW-The first officially published form of congressional legislation. The main purpose of a slip law publication is speed. Slip law is normally available long before bound volumes containing the legislation are published and disseminated.

SOLICITATION-Any statement, oral or written, or any other act or conduct, either directly or through others, that may reasonably be construed as a serious request or advice to commit a criminal offense.

SPECIAL COURT-MARTIAL-The intermediate of the three types of court-martial.

SPECIFICATION-A formal statement of specific acts and circumstances relied upon as constituting the offense charged.

SPONTANEOUS EXCLAIMATION-An utterance concerning the circumstances of a startling event made by a person while he or she was in such a condition of excitement, shock, or surprise, caused by his or her participation in or observation of the

event, as to warrant a reasonable inference that he or she made the utterance as an impulsive and instinctive outcome of the event, and not as a result of deliberation or design.

STAFF JUDGE ADVOCATE-A certified military lawyer attached to the staff of a convening or supervisory authority who exercises general court-martial jurisdiction.

STATUTE OF LIMITATIONS-The rule of law that, unless waived, establishes the time within which an accused must be charged with an offense to be tried successfully.

STIPULATION-An agreement between the trial and defense counsel, to which the accused agrees, as to the existence or nonexistence of any fact or the content of the testimony that an absent witness would give if he or she were present in the proceedings.

STRAGGLE-To wander away, to rove, to stray, to become separated from, or to lag or linger behind.

STRIKE-To deliver a blow with anything by which a blow can be given.

SUBPOENA-A formal written instrument or legal process that serves to summon a witness to appear before a certain tribunal and to give testimony.

SUBPOENA DUCES TECUM-A formal written instrument or legal process that commands a witness who has in his or her possession or control

some documents or evidentiary object that is pertinent to the issues of a pending controversy to produce it before a certain tribunal.

SUBSCRIBE-To write one's signature on a written instrument as an indication of consent, approval, or attestation.

SUBSTANTIVE LAW-That portion of the body of law that contains rights and duties and regulation of the government.

SUMMARY COURT-MARTIAL-The lowest of the three types of court-martial.

SUPERIOR COMMISSIONED OFFICER-A commissioned officer who is superior in rank or command.

SUPERVISORY AUTHORITY-An officer exercising general court-martial jurisdiction who acts as reviewing authority for SCM and SPCM records after the convening authority has acted.

SUSPECT-A person who is suspected of a crime but who has not been formally charged with its commission by the preferral of charges.

SUSPENSION-Action by proper authority to withhold the execution of a punishment for a probationary period pending good behavior on the part of the accused.

TESTIMONY-Statements made by a witness, under oath, before a court or hearing.

THREAT-An avowed present determination or intent to injure the person, property, or reputation of another presently or in the future.

TOLL-To suspend or interrupt the running of.

TORT-A private civil wrong or injury committed against a person or property and is independent of any contract.

TRIAL COUNSEL-The person who prosecutes a case in the name of the government.

TRUE OWNER-The person who, at the time of the taking, obtaining, or withholding of property, had the superior right to possession of the property involved in the light of all conflicting interests therein involved in the particular case.

TYPE WARRANTED BY SERVICE RECORD DISCHARGE-Characterization of service is determined by the final average in performance and conduct marks and the final average of the marks in personal behavior.

USAGE-A general habit, mode, or course of procedure.

UTTER-To make any use of, or attempt to make any use of, an instrument known to be false by representing, by words or actions, that it is genuine.

VERBATIM-In the exact words, word for word.

VOIR DIRE-Prelinlinary examination of court members to determine their competency to sit on the court.

WAIVER-A voluntary or intentional giving up of a known right.

WANTON-Behavior of such a highly dangerous and inexcusable character as to exhibit a callous indifference or total disregard for the probable consequences to the personal safety or property of other persons; heedlessness.

WILLFUL-Deliberate, voluntary, and intentional, as distinguished from acts committed through inadvertence, accident, or ordinary negligence.