ACCUSED’S NOTIFICATION OF ELECTION OF RIGHTS

OFFICE HOURS ACCUSED’S NOTIFICATION OF ELECTION OF RIGHTS ACCUSED NOT ATTACHED TO OR EMBARKED IN A VESSEL RECORD MAY BE USED IN AGGRAVATION IN EVENT OF LATER COURT-MARITAL Notification and election of rights concerning the contemplated imposition of non-judicial punishment in the case of _____________________________________________________________ assigned or attached to _______________________________________________________________________. NOTIFICATION In accordance with the requirements of para. 4 of Part V, MCM, 1984, you are hereby notified that the Commanding Officer is considering imposing non-judicial punishment on you. It is your right to be informed of the following alleged offenses which are the basis for this NJP: ___________________________________See Attached Charge Sheet/ UPB________________________ ______________________________________________________________________________________ It is your right to be informed of the information against you concerning the alleged offenses. You have the right to review any evidence the Commanding Officer may rely on when making his decision of imposition. These allegations are based on the following information: ___________________________________See Attached Charge Sheet/ Evidence____________________ ______________________________________________________________________________________ 3. If the NJP is to be used at a later trial by Court Martial, then you have the right to be informed of your Article 31 Rights... You are suspected of the above named offense. You have the right to remain silent. Any statement you make, orally or written, may be used against you in a trial by court martial. You have the right to consult with a lawyer before any questioning. This lawyer may be a civilian lawyer retained by you at your own expense, a military appointed to act as your lawyer without cost to you, or both. You have the right to have such retained civilian lawyer and/ or appointed military lawyer present during this interview. If you decide to answer questions now without a lawyer present, you will have the right to stop this interview at any time. You also have the right to stop answering questions at any time in order to obtain a lawyer. Do you understand this rights? 4. You have the right to demand trial by court-martial, and to refuse non-judicial punishment. If trial by court-martial is demanded, charges could be referred for trial by court-martial by summary, special or general court-martial. Additionally, you may not be tried by summary court-martial over your objection. If charges are referred to a special or general court-martial, you will have the right to be represented by counsel. If you accept non-judicial punishment, the maximum punishment that you could receive is as follows: (For NJP Authority Major & Above) (Accused’s Current Base Pay $_______________) Letter of Reprimand/Admonition. Restriction to specified limits for 60 days. (45 days if with extra duties) To perform extra duties for 45 days. Thirty days Correctional Custody instead of restriction/EPD. To forfeit $_______________ pay per month for 2 months. (1/2 Base Pay for two mos, whole dollars, round down) To be reduced in grade to ___________________________. (one grade, for Sgts and below) If reduced, forfeit $_______________ pay per month for 2 months (based on the reduced paygrade). (For NJP Authority Captain & Below) (Accused’s Current Base Pay $_______________) Letter of Reprimand/Admonition. Restriction for 14 days. Extra duties for (14) days. (But not to exceed that which is restricted) If restriction is with extra duties, restriction cannot exceed 14 days. Instead of restriction with extra duty, 7 days Correctional Custody. To forfeit $_______________ pay per month for one month. (7 days. Base/30 X 7, whole dollars, round down) 5. If you decide to accept non-judicial punishment, you may request a personal appearance before the Commanding Officer or you may waive this right. If you waive your right to appear personally before the Commanding Officer, you will still have the right to submit written matter. 6. In addition to all of the rights listed above, you have the right: a. To be accompanied by a spokesperson provided or arranged by you. A spokesperson is not entitled to travel to similar expenses and these proceedings will not relocate to the offices of a spokesperson. The spokesperson may speak on your behalf, but, may not question witnesses except as the Commanding Officer may permit as a matter of discretion. The spokesperson may be a lawyer. b. To present matters in defense, extenuation and mitigation, either orally, in writing or both; c. To have the right to submit any written matter you desire for the Commanding Officer’s consideration in determining whether or not you committed the offenses alleged and, if so, in determining an appropriate punishment; d. To appear before all boards and fact finding bodies. e. To examine, cross examine, and challenge the testimony of witnesses; f. To have witnesses attend the proceedings, including those that may be against you, if their statements will be relevant and they are reasonably available. A witness is not reasonably available if the witness requires reimbursement by the United States for any cost incurred in appearing, cannot appear without undue delays in proceedings or, if a military witness, cannot be excused from other important duties; and g. To have the proceedings open to the public, unless the Commanding Officer determines that the proceedings should be closed for good cause. However, this does not require that special arrangements be made to facilitate access to the proceedings. 7. In order to help you decide whether or not to demand a trial by court-martial, or to exercise any of the rights explained above should you decide to accept non-judicial punishment, you may obtain the advice of a lawyer prior to any decision. If you wish to talk to a lawyer, a military lawyer will be made available to you, either in person or by telephone, free of charge, or you may obtain advice from a civilian lawyer at your own expense. ELECTION OF RIGHTS 1. Knowing and understand all of my rights as set forth in paragraphs 1 through 7 above, my desires are as follows: Consultation with a lawyer. (Initial one or more, as applicable). _____ I wish to talk to a military lawyer before completing the remainder of this form. _____ I wish to talk to a civilian lawyer before completing the remainder of this form. _____ I hereby voluntarily, knowing and intelligently give up my right to talk to a lawyer. __________________________________ ________________________________ (Signature of witness and date) (Signature of accused and date) Demand for trial by court-martial. (Initial one) _____ I demand a trial by court-martial in lieu of non-judicial punishment. _____ I accept non-judicial punishment. (NOTE: If the accused demands a trial by court-martial, the matter should be submitted to the Commanding Officers for disposition) Personal appearances. (Initial one) _____ I request a personal appearance before the Commanding Officer. _____ I waive a personal appearance. _____ I do not desire to submit any written matters for consideration. _____ Written matters are attached. (NOTE: The accused’s waiver of personal appearance does not preclude the Commanding Officer from notifying the accused, in person of the punishment imposed) Elections at personal appearances. (Initial one or more) _____ I request that the following witness(es) be present at my non-judicial punishment proceeding: _____________________________________________________________________________________ _____________________________________________________________________________________ _____ I request that my non-judicial punishment proceeding be open to the public. _______________________________________ __________________________________ (Signature of witness and date) (Signature of accused and date) _______________________________________ (Printed name of witness) SUMMARIZATION OF NON-JUDICIAL PUNISHEMENT PROCEEDINGS Held on: _____________ ______________________________________________________________________________________ Name (Last, First, MI) Rank/SSN Company/Platoon Personnel at NJP proceedings: (mark F = For or A = Against) ____________________F/A ____________________F/A ____________________F/A ____________________F/A ____________________F/A ____________________F/A (NOTE: The formalities prior and at the termination of the NJP normally are determined by custom and tradition in the Navy and Marine Corps) TO: You are suspected of committing the following violation(s) of the Uniform Code of Military Justice (UCMJ): __________________________________________________________________ TO: You do not have to make a statement regarding the offense(s) of which you are accused or suspected and any statement made by you may be used as evidence against you. (NOTE: If it is foreseeable that the statements from the accused ruing court-martial, an explanation of right and waiver in accordance with Appendix A-1-n of the JAGMAN will have to be obtained from the accused during the hearing before proceedings) TO: You are advised that a NJP is not a trial and that a determination of misconduct on your part is not a conviction by a court. You are advised that the formal rules of evidence used in trials by court-martial do not apply at NJP. TO: I have a statement signed by you acknowledging you were fully advised of your legal rights pertaining to this hearing. (NOTE; This statement will be either JAGMAN Appendix A-1-n (s)/(t)) TO: Do you understand this statement and the rights explained? AC: _______________________________________________ TO: How do you plead to the charge(s)? AC: _______________________________________________ CO: Do you have any question about them or do you wish to make any requests? AC: ______________________________________________________________________________ ______________________________________________________________________________ CO: (To witness if present) What can you tell me about the accused’s involvement in this (these) offense(s)? WT: _____________________________________________________________________________ WT: _____________________________________________________________________________ CO: (Witness(es) who has/have previously provided written statement(s) when accused and CO both have copies of the statement(s)) Do you adopt your statement(s) as your testimony? WT: _____________________________________________________________________________ _____________________________________________________________________________ CO: (After witness(es) are questioned) I have before me the following document(s)/statement(s)/other physical evidence(s) that will be considered by me. Have you been given the opportunity to examine them? AC: _____________________________________________________________________________ CO: (If the answer is “no”, offer the accused the opportunity to examine the evidence) CO: Is there anything you wish to offer? (If “yes”, permit the accused to call his/her witness(es), make a statement in defense and present other evidence) AC: _____________________________________________________________________________ CO: Are there other witnesses/evidence your would like presented? AC: _____________________________________________________________________________ CO: Is there anything to present in mitigation of the offense(s)? AC: _____________________________________________________________________________ CO: (To witness(es)) What can you tell me of the (accused’s name) performance of duty? AC: _____________________________________________________________________________ CO: (As applicable) I impose the following punishment: ( ) Forfeit of $__________ pay per month of __________ month(s). ( ) Reduction to pay grade ________________________________. ( ) Correctional Custody for __________________ days with suspension from duty. ( ) Restriction to the limits of mess, billet, duty, worship and most direct route to and from, without suspension from duty for __________ days and extra duty for __________ days, to run concurrently. ( ) Restriction to the limits of __________ Co, (Unit), for __________ days without suspension from duty. ( ) ______________________________________. Suspended for __________ months, at which time, unless sooner vacated, the _________________________ will be remitted. CO: (To accused) I find the offense(s) herein (to be) (not to be) minor and (punishable) (not punishable) at NJP I find you (have) (have not) committed the offense(s) charged. The following charges committed: ____________________________________________________________________________________ CO: You are advised that you have the right to appeal this punishment to _______________________. Your appeal must be made within a reasonable amount of time, which is normally 5 days. Following this, ___________________________ will advise you of your right to appeal. Do you understand? AC: ______________________________________________________________________________ CO: You are dismissed. CO: This NJP is completed. The time is __________________. NON-JUDICIAL PUNISHMENT PROCEEDINGS ACCUSED’S ACKNOWLEDGMENT OF APPEAL RIGHTS I, __________________________________________________________________________________, Name (Last, First, MI) Rank/SSN assigned or attached to ____________________________________________, have been informed of the following facts concerning my rights of appeal as a result of office hours held on ___________________. a. I have the right to appeal to _________________________________________________________. b. My appeal must be submitted within a reasonable time. Five days after the punishment is imposed, is normally considered a reasonable time, in the absence of unusual circumstances. Any appeal submitted thereafter may be rejected and will make it extremely difficult and unpractical to submit an appeal within the five day period, I would immediately advise the officer imposing punishment of such circumstances, and request an appropriate extension of time in which to file my appeal. c. The appeal must be in writing. d. There are only two grounds for appeal; they are: (1) The punishment was unjust, or; (2) The punishment was disproportionate to the offense(s) for each it was imposed. e. If the punishment imposed included reduction from the pay grade E-4 or above or was in excess of; Arrest in quarters for 7 days, Correctional Custody for 7 days, forfeiture of 7 days pay, extra duties for 14 days or restriction for 14 days, then the appeal must be referred to a military lawyer for consideration and advice before action is taken on my appeal. ___________________________________ ___________________________________ (Signature of accused and date) (Signature of witness and date) TO BE COMPLETED IMMEDIATELY AFTER NJP PROCEEDINGS