Chapter 2 MILITARY CONDUCT AND JUSTICE

CHAPTER 2 MILITARY CONDUCT AND JUSTICE LEARNING OBJECTIVES Upon completion of this chapter, you should be able to do the following: 1. Describe how to conduct a preliminary investi- 3. Describe the content of the Standard Organiza- gation of offenses. tion and Regulations of the U. S. Navy. 2. Recognize the purpose and content of U.S. 4. Explain the Status of Forces Agreement Navy Regulations. concerning members of the armed forces in foreign countries. The topics in this chapter deal primarily with regulations that senior enlisted personnel should be aware of to perform their job with consistency. We will first examine the procedures for con- ducting a preliminary investigation of offenses. Then we will introduce you to the purpose and content of both U.S. Navy Regulations and Standard Organization and Regulations of the U.S. Navy. We will close the chapter with a discussion of the Status of Forces Agreement (SOFA). THE PRELIMINARY INVESTIGATION At some point in your career, the legal officer may assign you to serve as a preliminary inquiry officer (PIO). As the PIO you will conduct an investigation of offenses before a captain’s mast takes place. You will only investigate relatively minor offenses that are not under investigation by the Naval Investigative Service (NIS) or a fact- finding body. REPORT AND DISPOSITION OF OFFENSE(S) (REPORT CHIT) Naval personnel may be reported for offenses involving military conduct or justice. A complaint against someone goes through a series of steps from the time it leaves the initiator to the time of the preliminary inquiry. The legal officer receives the complaint and drafts charges and specifications against the accused on a locally prepared report chit form. Following the guidelines of part IV of the Manual for Courts-Martial, 1984 (MCM), the legal officer writes the charges and specifications using court- martial language. The charges and specifications are then typed on the NAVPERS 1626/7, Report and Disposition of Offense(s) form (figs. 2-1 and 2-2). The accused’s service record supplies the information required on the front of the report chit. The legal officer or the person who submitted the complaint then signs the report. The legal officer conducts a personal interview with the accused to inform, the person of his or her rights under article 31(b) of the Uniform Code of Military Justice (UCMJ). When the accused acknowledges he or she understands his or her rights, he or she then signs the ACKNOWLEDGED block and the disciplinary or legal officer signs the WITNESSED block. THE ACCUSED SHOULD NOT BE INTER- ROGATED AT THIS TIME. The legal officer should determine and recommend to the com- manding officer or executive officer what restraint, if any, should be imposed at this time. 2-1