Figure 5-11.-Sample NJP appeal.

to deduce the appropriate ground implied in the letter. Unartful craftsmanship or draftsmanship or improper addressees or other administrative irregularities are not grounds for refusing to send the appeal to the reviewing authority. If you note any administrative mistakes, if material, correct them in the endorsement that sends the appeal. Thus, if an accused does not address his or her letter to all appropriate commanders in the chain of command, just readdress and send the appeal to the proper authority. Do not send the appeal back to the accused for redrafting since the appeal should be sent promptly to the reviewing authority.

The appellant's letter begins the review process and is a quasi-legal document. It should be temperate and state the facts and opinions the accused believes entitles him or her to relief. The offender should avoid unfounded allegations on the character or personality of the officer imposing punishment. See Article 1108, U.S. Navy Regulations, 1990. The accused, however, should state the reasons for his or her appeal as clearly as possible. Supporting documentation in the form of statements of other persons or personnel records may be submitted if the accused desires. In no case is the failure of the accused to do these things a lawful reason for refusing to process the appeal. Finally, should the accused desire that his or her restraint punishment or extra duties be stayed pending the appeal, he or she should specifically request this in the letter. Refer to figure 5-11 for a sample of an accused's letter of appeal.

Future 5-12.-Sample first endorsement to NJP appeal.

Contents of the Forwarding Endorsements

All via addressees should use a simple forwarding endorsement and should not comment on the validity of the appeal. The exception to this rule is the endorsement of the officer who imposed the punishment. The JAG-MAN requires that this endorsement, shown in figure 5-12, include the following information: . A comment on any assertions of fact contained in the letter of appeal that the officer who imposed the punishment considers inaccurate or erroneous.

Recitation of any facts on the offenses that are not otherwise included in the appeal papers. If such factual information was brought out at the mast, the endorsement should so state and include any comment made by the appellant at the mast. Any other adverse factual information stated in the endorsement, unless it recites matters already stated in official service record entries, should be referred to the appellant for comment, if possible, and the appellant should be given an opportunity to submit a statement about it or state that he or she does not wish to make any statement. . As an enclosure, a copy of the completed mast report form (NAVPERS 1626/7). . As enclosures, copies of all documents and signed statements that were considered as evidence at the mast or, if the NJP was imposed on the basis of the record of a court of inquiry or other fact-finding body, a copy of that record, including the findings of fact, opinions, and recommendations, together with copies of any endorsements thereon. l As enclosures, copies of the appellant's record of performance as set forth on service record page 9, administrative remarks set forth on page 13, and disciplinary records set forth on page 7.

The officer who imposed the punishment should not, by endorsement, seek to defend against the allegations of the appeal but should, where appropriate, explain the rationalization of the evidence. For example, the officer may have chosen to believe one witness' account of the facts while disbelieving another witness' recollection of the same facts and this should be included in the endorsement. This officer may properly include any facts relevant to the case as an aid to the reviewing authority but should avoid irrelevant character assassination of the accused. Finally, any errors made in the decision to impose NJP or in the amount of punishment imposed should be corrected by this officer and the corrective action noted in the forwarding endorsement. Even though corrective action is taken, the appeal must still be sent to the reviewer.

Figure 5-13.-Sample action by supervisory authority on NJP appeal.

^{Endorsement of the Reviewing Authority}

A, shows a sample response by a supervisory authority on an NJP appeal. A legally sound endorsement will include the reviewer's specific decision on each ground of appeal, the basic reasons for the decision, a statement 

^{There are no particular legal requirements on the content of the reviewer's endorsement except to inform} the offender of his or her decision. Figure 5-13, section that a lawyer has reviewed the appeal, if such review is required, and instructions for the disposition of the appeal package after the offender receives it. The endorsement should be addressed to the accused via the appropriate chain of command. Where persons not in the direct chain of command (such as finance officers) are directed to take some corrective action, copies of the reviewer's endorsement should be sent to them. Words of exhortation or admonition, if temperate in tone, are suitable for inclusion in the return endorsement of the reviewer.

Via Addressee's Return Endorsement

If any via addressee has been directed by the reviewer to take corrective action, the accomplishment of that action should be noted in that commander's endorsement. This endorsement should reiterate the steps the reviewer directed the accused to follow in disposing of the appeal package. These instructions should always be to return the appeal to the appropriate commander for filing with the record of his or her case. See figure 5-13, section B, for an example of this endorsement.