EXECUTIVE OFFICER'S SCREENING

The XO may screen a case by holding an informal hearing or may merely review the record of the accused and the report chit. If the XO has been given the power by the CO, he or she may dismiss the case, but may never impose punishment.

At the XO's screening mast the accused is advised again of the right to refuse NJP and demand a trial by court-martial. At this point sestion G of figure 5-1 can be signed by the accused if it was not signed before. Be sure to get the witness' signature in this section also.

Remember Article 15, UCMJ, does not give the right to refuse NJP to persons attached to vessels. Also

Figure 5-4.-Accused's notification and election of rights. Accused attached to or embarked in a vessel.

Figure 5-4.-Accused's notification and election of rights. Accused attached to or embarked in a vessel-Continued.

Figure 5-5.-Accused's notification and election of rights. Accused not attached to or embarked in a vessel. Record cannot be used in aggravation in event of later court-martial unless lawyer serves as personal representative.

Figure 5-5.-Accused's notification and election of rights. Accused not attached to or embarked in a vessel. Record cannot be used in aggravation in event of later court-martial unless lawyer serves as personal representative-Continued.

Figure 5-6.-Accused's notification and election of rights. Accused not attached to or embarked in a vessel. Record may be used in aggravation in event of later court-martial.

Figure 5-6.-Accused's notification and election of rights. Accused not attached to or embarked in a vessel. Record may be used in aggravation in event of later court-martial-Continued.remember that an accused not attached to or embarked in a vessel may elect at any time before imposition of NJP to refuse it and demand a court-martial. It is, then, possible for an accused to elect not to demand trial by court-martial at the XO's screening but later at captain's mast demand it provided it is before any punishment is imposed.

Once the XO has conducted an inquiry, he or she has the option of referring the case to mast or dismissing it. The XO fills in section F of figure 5-1 noting the action he or she has taken. If the case is referred to the CO for mast, a formal hearing is set up.