Intro to Military Justice & Discipline  Objectives from reading & homework:  Comprehend the purpose, scope and constitutional basis of US Navy Regulations & the UCMJ and relate these regulations to personal conduct in the military service.  Comprehend JO roles/responsibilities relative to the military justice system and be aware of the essential publications relating to military justice.  Know how discipline and punishment differ.  Know the correct requirements for using Extra Military Instruction (EMI).  Be aware of administrative methods used to maintain good discipline. Naval Law, 3 rd Edition Chapter 1: Background of Military Justice - 16 Pages Chapter 2: Fundamentals of Military Justice- 7 Pages

Are you ready to administer “justice…?”

Purpose of Military Law? … to promote justice, to assist in maintaining good order and discipline in the armed forces, to promote efficiency and effectiveness in the military establishment, and thereby to strengthen the national security of the United States. - MCM 2008

Constitutional Basis

Sources of Military / Naval Law Constitution  Uniform Code of Military Justice (UCMJ)  Manual for Courts-Martial (MCM, 2008)  Judge Advocate General Manual (JAGMAN)  Service Regulations  U. S. Navy Regulations  SORM, Local Directives, etc.  Court Reviews

Military Crimes  Generally have no civilian equivalent.  Required by military necessity for good order and discipline.  Examples: – Absence (AWOL, desertion …) – Offenses against authority Disrespect, orders violations – Dereliction of duty – Fraternization

Military Justice Enacted by a variety of methods: Administrative – Administrative  Counseling  Evaluations  Loss of Privileges, etc. – Disciplinary  Nonjudicial Punishment Criminal Procedures – Criminal Procedures  Courts-Martial

What does “discipline” mean? Main Entry: 1dis·ci·pline Pronunciation: \di-sə-plən\ Function: noun Etymology: Middle English, from Anglo-French & Latin; Anglo-French, from Latin disciplina teaching, learning, from discipulus pupil Date: 13th century 1: punishmentpunishment 2: instructioninstruction 3: a field of study 4: training that corrects, molds, or perfects the mental faculties or moral character 5 a: control gained by enforcing obedience or order b: orderly or prescribed conduct or pattern of behavior c: self-controlself-control 6: a rule or system of rules governing conduct or activity — dis·ci·plin·al \-plə-nəl\ adjective

The difference between Discipline & Punishment  Discipline –Voluntary compliance with naval standards of behavior. – … based on attitude; enforced by example, supervision, positive leadership.  Punishment –Failure of discipline. –Imposed with the objective of improving performance ( through punishing? ). –Legal requirements, restraints/constraints -- only the CO (or above) can impose.*

Discipline and the Jr. Officer  Setting the Example  Tools – Recognition (verbal/awards) – Evaluations – Recommendations for advancement – Job assignments – Working hours  Investigations – NJP – JAGMAN

Leadership Personal Example Guidance Supervision (vice Micromanagement)

Counseling One on one Direction Leadership Personal Example Guidance Supervision

Non Punitive Letter Non recommendation Non advancement Counseling One on one Direction Leadership Personal Example Guidance Supervision From: Commanding Officer, USS JOHN QUINCY ADAMS (CV 11) To: CTOCS Michael Stipe, USN, Subj: NONPUNITIVE LETTER OF CAUTION Ref: (a) Report of JAG Investigation of 7 Sep CY (b) JAGMAN, § 0105 (c) R.C.M. 306(c)(2), Manual for Courts-Martial (1998 ed.) 1. Reference (a) is the record of investigation convened to inquire into the transmission of a certain message on board USS JOHN QUINCY ADAMS while you were SSES Assistant Division Officer. 2. The investigation disclosed that, as Assistant Division Officer, on 19 July CY, you participated in the writing and printing of a bogus message to perpetrate a joke against a chief petty officer stationed onboard USS JOHN QUINCY ADAMS. After printing and delivering a hard copy of the bogus message to the chief petty officer in question, you failed to ensure that the bogus message was completely deleted from the message database, resulting in the bogus message being transmitted to the Bureau of Naval Personnel. To compound the error, when you realized that the bogus message had been sent you did not notify your superiors but instead took steps to prevent their ever discovering your misconduct. 3. Your performance and judgment during this incident was substandard. As Assistant Division Officer, it was inappropriate for you to participate in the drafting of a bogus message on USS JOHN QUINCY ADAMS communications equipment. More critical, however, was your failure to notify your superiors about the incident. You are hereby administratively admonished for your actions on 19 July CY. 4. This letter, being nonpunitive in nature, is addressed to you as a corrective measure. It does not become a part of your official record. However, you are advised that, as Assistant SSES Division Officer, you are in a position of special trust. In the future, I expect you to exercise greater care in the performance of your duties in order to measure up to the high standards of USS JOHN QUINCY ADAMS. I trust the instructional benefit you receive from this experience will heighten your awareness of the extent of your responsibilities and help you become a more proficient Senior Chief Petty Officer. E. D. BRICKELL

Sample Letter of Caution From: Commanding Officer, USS JOHN QUINCY ADAMS (CV 11) To: CTOCS Michael Stipe, USN, Subj: NONPUNITIVE LETTER OF CAUTION Ref: (a) Report of JAG Investigation of 7 Sep CY (b) JAGMAN, § 0105 (c) R.C.M. 306(c)(2), Manual for Courts-Martial (2000 ed.) 1. Reference (a) is the record of investigation convened to inquire into the transmission of a certain message on board USS JOHN QUINCY ADAMS while you were SSES Assistant Division Officer. 2. The investigation disclosed that, as Assistant Division Officer, on 19 July CY, you participated in the writing and printing of a bogus message to perpetrate a joke against a chief petty officer stationed onboard USS JOHN QUINCY ADAMS. After printing and delivering a hard copy of the bogus message to the chief petty officer in question, you failed to ensure that the bogus message was completely deleted from the message database, resulting in the bogus message being transmitted to the Bureau of Naval Personnel. To compound the error, when you realized that the bogus message had been sent you did not notify your superiors but instead took steps to prevent their ever discovering your misconduct. 3. Your performance and judgment during this incident was substandard. As Assistant Division Officer, it was inappropriate for you to participate in the drafting of a bogus message on USS JOHN QUINCY ADAMS communications equipment. More critical, however, was your failure to notify your superiors about the incident. You are hereby administratively admonished for your actions on 19 July CY. 4. This letter, being nonpunitive in nature, is addressed to you as a corrective measure. It does not become a part of your official record. However, you are advised that, as Assistant SSES Division Officer, you are in a position of special trust. In the future, I expect you to exercise greater care in the performance of your duties in order to measure up to the high standards of USS JOHN QUINCY ADAMS. I trust the instructional benefit you receive from this experience will heighten your awareness of the extent of your responsibilities and help you become a more proficient Senior Chief Petty Officer. E. D. BRICKELL

Nonjudicial NJP Non Punitive Letter Non recommendation Non advancement Counseling One on one Direction Leadership Personal Example Guidance Supervision

Judicial Courts Martial Nonjudicial NJP Non Punitive Letter Non recommendation Non advancement Counseling One on one Direction Leadership Personal Example Guidance Supervision

Military Court Appeals ProcessCourt-Martial Court of Criminal Appeals (Navy-Marine Corps) Court of Appeals (Armed Forces) United States Supreme Court

The real deal…

Negative Factors Affecting Discipline  Lack of interest, leadership by seniors  Slackness in command - No follow through  Lack of information flow to subordinates  Instability in day-to-day operations – Frequent changes – Transfers

Non-Punitive Administrative Measures  Extra Military Instruction  Administrative Withholding of Privileges  Non-punitive Censure

Extra Military Instruction* JAGMAN 0103  Instruction imposed by officers / senior petty officers in a phase of military duty in which an individual is deficient.  Intended for and directed towards the correction of that particular deficiency.  Limitations –Conducted at a reasonable time outside normal working hours (CO must approve the after hours). – Max 2 hours/day, not on the member’s Sabbath. – Only as long as necessary. – Not used to deprive of liberty (not punishment).

Sample EMI Documentation ASSIGNMENT OF EXTRA MILITARY INSTRUCTION - SAMPLE From: To: Subj: ASSIGNMENT OF EXTRA MILITARY INSTRUCTION (EMI) Ref: (a) OPNAVINST C (b) JAGMAN Section Pursuant to references (a) and (b), you are hereby notified that the following deficiency/behavior has been noted in your military performance, to wit: _____________________________________________________ 2. You are hereby assigned to perform EMI for a period of ____ hours. Your EMI will commence on ________________ and will end on ______________. You will report to ____________________ for commencement of your EMI. EMI will be performed from hours, Monday through Friday, and from on Saturday or Sunday, whichever day is not your Sabbath. EMI will not be performed on your Sabbath, which is _____________. 3. Your extra military instruction shall consist of: _____________________________________________________ 4. Extra Military Instruction is not punishment, but is intended to correct a military deficiency/behavior. However, failure to comply with these orders may result in disciplinary action taken against you. Recommended: ________________ Approved: _________________ I hereby acknowledge receipt of the above orders. Member: ____________________ Enclosure (2)

Rights and Privileges (Examples) Rights  Liberty  Right to privacy  Procedural rights  Rights of the accused – to know the offense – To counsel – To testify Privileges  Special Liberty  Exchange of Duty  Special Command Programs  Access to Base or Ship Libraries  Base or Ship Movies  Clubs  Base Parking

Non-punitive Letter  Not considered punishment.  Issued to remedy a noted deficiency in conduct or performance of duty.  Contents may include the following: – Identification of conduct or performance of duty deficiencies – Direction for improvement – Language of admonishment – Identification of sources of assistance – Outline of corrective action – Consequences of failing to correct the deficiencies.

Disposition of UCMJ Violation UCMJ VIOLATION OCCURS OFFENSE REPORTED TO IMMEDIATE CO RCM 301 IMMEDIATE CO INITIATES PRELIMINARY INVESTIGATION IF NOT ALREADY BEGUN RCM 303; JAGMAN 0204 CONSIDER CIVILIAN PROSECUTION Although jurisdiction may be concurrent with state and federal government, current policy restricts the military commander’s discretion to prosecute. JAGMAN 0124, 0125 PRETRIAL RESTRAINT DECISION RCM 304, 305, 707; ART 9, 10; JAGMAN 0127 INITIAL DISPOSITION DECISION BY IMMEDIATE CO -- Must be a “prompt determination” RCM 306, 401, 403, 404, 407 ; ART 30 JAGMAN (non-punitive measures) FWD TO SUPERIOR AUTHORITY RCM 306, 401 NJP RCM 306; ART 15; JAGMAN ADMIN ACTION  CENSURE  EXTRA MILITARY INSTRUCTION  COUNSELING RCM 306 COURTS-MARTIAL ARTS GCM, SPCM, SCM RCM 401(c) DISMISS OR TAKE NO ACTION Further disposition by other authority is not barred. RCM 306(c)(1), 401(c), 402 ADMINISTRATIVE SEPARATION MILPERSMAN 1910

Page 13 Warning The Commander, Naval Training Center (NTC) San Diego, has announced the latest disciplinary proceedings stemming from investigations of alleged incidents of sexual harassment at Service School Command (SSC) in San Diego. Based on the initial and follow-up investigations, it was determined that six alleged suspects should be ordered back to NTC from their present commands for disciplinary proceedings. This brings the total number of alleged suspects who have been disciplined to 11. Determination of cases involving alleged misconduct by current and former SSC members has been completed by CAPT John Ensch, Commander NTC (COMNTC). In November, three service members were disciplined by COMNTC: -- Male E-6, found guilty of violation of Uniform Code of Military Justice (UCMJ) Article 92, fraternization (three specifications); violation of Article 134, adultery. Awarded reduction in rate to E-5, restriction for 45 days, forfeiture of one half month's pay for two months and oral reprimand. -- Male E-6, formally counseled and issued an administrative Page 13 warning for dereliction of duty for failure to adequately follow up on reports of sexual harassment. San Diego Sexual Harassment Investigation Complete US NAVY PRESS RELEASE

Enlisted Service Record: Page 13 Admin Remarks Written Acknowledgement of obligations or policies Document Warnings, e.g., –Drug Waivers –Following CO’s Mast Documents UA – regardless of Disciplinary action

Document, document, document The first thing the CO will usually ask a Junior Officer about one of his Sailors at Mast is, “Do you have documented counseling for this individual?” If you don’t, he will assume you are not properly caring for your people!!

You make the call… 1. Uniform sloppy, hair unkempt, bags under eyes 2. Smell of alcohol, 3. Good Sailor, late for work 4. Bad Marine, late for work 5. Sailor tells sexist joke in work center, no complaints, 6. Sailor tells sexist joke and junior Sailor of opposite sex complains to you 7. Good Marine tells sexist joke and junior Marine with poor performance of opposite sex complains to you 8. LPO physically threatens a poor performing Sailor who has been mouthing off 9. LPO pushes poor performing Sailor who has been mouthing off 10. LPO punches poor performing Sailor who has been mouthing off 11. LCpl mouths off to GySgt 12. PO3 mouths off to LPO 13. MasterSgt gets DUI 14. PO1 “gundecks” a log entry 15. Your Div CPO fails to salute you

What were your primary / secondary considerations in deciding what to do? Mission? Correcting deficiency? Punishment? Effect on morale? Severity of act? Individual’s reputation? Expectations of rank? Permanent impact on individual’s career? How will you know when you got it right?

Reading for Next Class: Kantian Ethics EMP (21 pages) Kantian Ethics and the Basis of Duty (Lucas), pp ; from Groundwork of the Metaphysic of Morals (Kant), pp ; A Simplified Account of Kantian Ethics (O’Neill), pp CSME (9 pages) Aviano EA-6B Gondola Mishap (Slyman), pp ; Aviano EA-6B Gondola Mishap (The Sequel), pp Objectives from reading: Comprehend moral basis and standard of Kantian or duty-based ethics: What are the strengths & weaknesses of Kantian ethics as a moral standard? Kantian concept of good will, reason, intent, and duty Know and apply the 3 versions of the Categorical Imperative. How does Kantian moral theory differ from utilitarianism regarding intent & consequences? How would you compare Kant’s concept of duty to the concept or military duty?

Reading for Next Class Aristotle : Character & Virtue Ethics EMP (27 pages) –Aristotle and the Ethics of Virtue and Character (Lucas), ; The Moral Virtues (Aristotle), ; Habit and Virtue (Aristotle), ; Courage (Aristotle), ; Friendship, (Aristotle), ; Warriors: Reflections on Men in Battle (Gray), CSME (5 pages) –CWO Hugh W. Thompson at My Lai (Lucas), pp ; Hugh Thompson; The Sequel (Lucas), pp Objectives from reading: Comprehend key concepts of Aristotelian Virtue or Character ethics What is Aristotle’s basis for human flourishing? What is the concept of the “golden mean?” Relative importance of mentorship and habituation What exactly is character? 4 cardinal virtues How does Aristotle’s view of the virtues of courage and friendship fit w/in the context of our roles as military officers?