Cases Previously Tried in Civil Court

Sections 0108b and 0124c(2) of the JAGMAN permit the use of NJP to punish an accused for an offense that he or she has been (1) tried (whether acquitted or convicted) by a domestic or foreign civilian court, (2) diverted out of the regular criminal process for a probationary period, or (3) adjudicated by juvenile court authorities. This is true only if authority is obtained from the OEGCMJ (usually the general or flag officer in command over the command desiring to impose nonjudicial punishment).

NJP may not be imposed for an act tried by a court that derives its authority from the United States, such as a federal district court.

Cases in which a finding of guilt or innocence has been reached in a trial by court-martial cannot be taken to NJP.

Off-Base Offenses

COs and OICs may dispose of minor disciplinary infractions that occur on base or off base at NJP. Unless the off-base offense is a traffic offense or one previously adjudicated by civilian authorities, there is no limit on the authority of military commanders to resolve such offenses at NJP.

In areas not under military control, the responsibility for maintaining law and order rests with civil authority. The enforcement of traffic laws falls within the purview of this principle. Off-duty, off-installation driving offenses, however, show inability and lack of safety consciousness. Such driving performance does not prevent the use of nonpunitive measures that could include denial of on-installation driving privileges.

THE NJP PACKAGE

The NJP package, as we will refer to it, includes numerous documents and forms along with any evidence on the case. As we will discuss, strict compliance with filling out the forms is essential to a proper NJP proceeding.

REPORT AND DISPOSITION OF OFFENSE(S)

Your office may receive notification that an offense has been commited in a variety of ways. These ways 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:

l It reports the offense(s).

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

l 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 the JAG-MAN, section 0109.

PREPARATION INSTRUCTIONS

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 5-1 illustrates a completed NAVPERS 1626/7. Let's look at the information that you will place on this form.

Referring to figure 5-1, section A, start with addressing the report to the OIC or CO of the accused. Fill in the date of the report. Type the name of the accused in last name, first name, middle initial order. Verify the social security number from the accused's service record and type it in. Type in the present rate of the accused and the branch and class of service. Designate the department or division that the accused is attached to. 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 a 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 5-1 shows the acknowledgement of the accused 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 rights. 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 5-1 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 or placed in confinement pending investigation of the charges, you will either mark the Pretrial Confinement block or the Restricted block. If the Restricted block is used, fill in the restricted to the limits of portion. Be sure to get the signature and title of the person who is imposing the restraint.

Section D of figure 5-1 shows information about the accused. Get the accused's service record before filling out this section 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.