jagman - U.S. Navy Judge Advocate General's Corps

447 Pages·2012·1.37 MB·English

DEPARTMENT OF THE NAVY
OFFICE OF THE JUDGE ADVOCATE GENERAL
WASHINGTON NAVY YARD
t 322 PATTERSON AVENUE SE SUITE 3000 IN REPLY REFER TO
WASHINGTON DC 20374-5066
JAGINST 5800.7F
Ser 13/3JM0961.12
JUN 2 6 2012
JAG INSTRUCTION 5800.7F
From: Judge Advocate General
Subj : MANUAL OF THE JUDGE ADVOCATE GENERAL
Ref: (a) JAGINST 5219.1G
(b) U.S. Navy Regulations, 1990
(c) SECNAVINST 5430.7Q
(d) SECNAV Green Blazer 8U003687 of 23 Apr 88 (NOTAL)
Encl: (1) JAGMAN
(2) Summary of Major Changes
1. Purpose. In accordance with reference (a), to publish the
Manual of the Judge Advocate General (JAGMAN) , enclosure (1) .
The JAGMAN has been approved under the authority of the
Secretary of the Navy, and, under references (b)-(d), the Judge
Advocate General. Enclosure (2) lists major changes.
2. Cancellation. JAGINST 5800.7E of 20 Jun 07 is cancelled.
3. Action. The JAGMAN is effective on the date of this
document and is applicable throughout the Department of the
Navy as a regulation. Proposed changes to the JAGMAN should be
forwarded to the Office of the Judge Advocate General,
Administrative Law Division (Code 13), 1322 Patterson Avenue SE,
Suite 3000, Washington Navy Yard, DC 20374 .
4. Records Management. Records created as a result of this
instruction, regardless of media and format, shall be managed
in accordance with SECNAV M-5210 .1 .
Acting
Distribution:
Electronic only via the DON directives website at
http: //doni.daps.dla.mil,and the JAG Corps website at
http: //www.jag.navy.mil .
MANUAL
OF THE
JUDGE ADVOCATE GENERAL
(JAGMAN)
Office of the Judge Advocate General
Department of the Navy
1322 Patterson Avenue, Southeast
Suite 3000
Washington Navy Yard
Washington, DC 20374-5066
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JAGMAN1 TABLE OF CONTENTS

CHAPTER PAGE

I REGULATIONS IMPLEMENTING AND SUPPLEMENTING THE MANUAL FOR
COURTS-MARTIAL.....................................................1-1

II ADMINISTRATIVE INVESTIGATIONS......................................2-1

III COMPLAINTS OF WRONG................................................3-1

IV ARTICLE 139 CLAIMS - REDRESS OF DAMAGE TO PROPERTY.................4-1

V2 ENVIRONMENTAL PROTECTION AND MANAGEMENT............................5-1

VI DELIVERY OF SERVICEMEMBERS, CIVILIANS, AND DEPENDENTS — SERVICE
OF PROCESS AND SUBPOENAS - STATE TAX AND REGULATORY AUTHORITY......6-1

VII LEGAL ASSISTANCE...................................................7-1

VIII GENERAL CLAIMS PROVISIONS..........................................8-1

IX AUTHORITY OF ARMED FORCES PERSONNEL TO PERFORM NOTARIAL ACTS.......9-1

X INTERNATIONAL LAW.................................................10-1

XI3 ADMIRALTY AND MARITIME LAW........................................11-1

1 The Manual of the Judge Advocate General may be cited as "JAGMAN,
0101a(1)," "JAGMAN, A-1-b," or “JAGMAN, Chapter II.”

Forms, certain reference material, and technical guides are located in the
Appendices, which are keyed by section number to the relevant chapter.

The words "Navy" and "Naval" as used in this Manual include the Marine
Corps, except where the context indicates differently.

The Uniform Code of Military Justice and the Manual for Courts-Martial,
United States, 2002, are referred to as "UCMJ" and "MCM" respectively in
this Manual. The Military Rules of Evidence and Rules for Court-Martial are
referenced to as “M.R.E.” and “R.C.M.” respectively in this Manual.

The prior Chapter V, Release of Government Information, has been deleted.
Instead commands shall rely on SECNAVINST 5720.42 (series), SECNAVINST
5211.5 (series), and SECNAVINST 5820.8 (series), as appropriate. The prior
Chapter XI, Customs Requirements, has been deleted. Commands shall rely on
DODD 4500.09 and DTR 4500.9-R-Part V, (located at
http://www.transcom.mil/dtr/part-v/). In addition, the prior Chapter XIV,
Payments Due Mentally Incompetent Members, Physical Examinations of Such
Members, and Trustee Designations, has been deleted. Commands shall rely on
37 USC §§ 601-04, MEDMANUAL Chapter 18, and DoD FMR Volume 7B, Chapter 16.

2 Prior Chapter XIII, Environmental Law, is renumbered as Chapter V.

3 Prior Chapter XII, Maritime and Admiralty Law, is renumbered as Chapter XI.
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ii
CHAPTER I

REGULATIONS IMPLEMENTING AND SUPPLEMENTING
THE MANUAL FOR COURTS-MARTIAL

0101 SCOPE 0108 LIMITATIONS ON INITIATION OF
ARTICLE 15, UCMJ, PROCEEDINGS
PART A –- NONPUNITIVE MEASURES
a. Right to demand trial
0102 NONPUNITIVE ADMINISTRATIVE b. Units attached to ships
MEASURES GENERALLY c. Cases previously tried in
civilian courts
a. Definition of commander
b. Types of administrative 0109 ADVICE TO ACCUSED PRIOR TO
measures INITIATION OF ARTICLE 15,
UCMJ, PROCEEDINGS
0103 EXTRA MILITARY INSTRUCTION
a. Pre-NJP advice
a. Definition b. Accused attached to or
b. Limitations embarked in a vessel
c. Accused not attached to or
0104 ADMINISTRATIVE WITHHOLDING OF embarked in a vessel;
PRIVILEGES record cannot be used in
aggravation
a. Privilege d. Accused not attached to or
b. Deprivation of liberty embarked in a vessel;
record may be used in
0105 NONPUNITIVE CENSURE – aggravation at a later
NONPUNITIVE LETTER OF CAUTION court-martial
e. Service record entries
a. General
b. Nonpunitive censure 0110 PROCEDURES FOR INITIATION OF
ARTICLE 15, UCMJ, HEARING
PART B –- NONJUDICIAL PUNISHMENT
a. Article 15, UCMJ, hearing
0106 AUTHORITY TO IMPOSE guide
b. Standard of proof
a. Commander c. Observers at captain's
b. Officer in Charge mast/office hours
c. Principal assistant d. Alternatives to personal
d. Joint commander appearance
e. Withholding of nonjudicial e. Nonjudicial punishment
punishment authority based on report of a fact-
f. Terminology finding body
f. Advice after imposition of
0107 JURISDICTION nonjudicial punishment

a. Individual 0111 LIMITATIONS ON AND NATURE OF
b. Over Reserve component PUNISHMENTS
personnel on active duty or
inactive duty training a. Restriction imposed upon
officers and warrant
officers
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b. Correctional custody d. Daily formation or morning
c. Confinement on bread and quarters
water or diminished rations e. Public censures
d. Extra duties f. Release to the public/media
e. Reduction in grade
f. Arrest in quarters 0116 COMMAND ACTION ON NONJUDICIAL
g. No punishment PUNISHMENT APPEALS

0112 LIMITATIONS ON NONJUDICIAL a. Time limit
PUNISHMENTS TO BE IMPOSED ON b. Procedures
RESERVE COMPONENT PERSONNEL c. Contents of forwarding
NOT ON ACTIVE DUTY endorsement

a. Punishment involving 0117 AUTHORITY TO ACT ON
restraint on liberty NONJUDICIAL PUNISHMENT
b. Punishment involving APPEALS
forfeiture of pay
a. When the officer who imposed
0113 EFFECTIVE DATE AND EXECUTION punishment is in a Navy
OF NONJUDICIAL PUNISHMENTS chain-of-command
b. When the officer who imposed
a. Forfeiture of pay and punishment is in the chain-of-
reduction in grade command of the Commandant of
b. Punishments involving the Marine Corps
restraint and extra duties c. When punishment is imposed
c. Punitive letters within a joint command or
unit
0114 PUNITIVE CENSURE d. Delegation of authority to act
on appeals
a. General e. Rehearing after appeal
b. Admonition
c. Reprimand 0118 SUSPENSION, MITIGATION,
d. Official records of REMISSION, SETTING ASIDE, AND
admonition or reprimand VACATION OF SUSPENSION
e. Internal departmental
responsibility a. Definition of "successor in
f. Content of letter of command"
admonition or reprimand b. Authority to suspend,
g. Appeals mitigate, remit, set aside
h. Forwarding letter c. Interruption of
i. Removal and set aside probationary period
d. Vacation of suspension
0114a SECRETARIAL LETTER OF
CENSURE 0119 RECORDS OF NONJUDICIAL
PUNISHMENT
a. General
b. Rebuttal a. Records
b. Report of officer
0115 ANNOUNCEMENT OF DISPOSITION misconduct
OF NONJUDICIAL PUNISHMENT c. Report of enlisted
misconduct
a. Publication
b. Plan of the Day publication
c. Bulletin boards
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limitations
PART C -- COURTS-MARTIAL
0124 EXERCISE OF COURT-MARTIAL
SUBPART C1 – PRETRIAL MATTERS JURISDICTION IN CASES TRIED
IN DOMESTIC OR FOREIGN
0120 DESIGNATION OF ADDITIONAL CRIMINAL COURTS
CONVENING AUTHORITIES
a. Policy
a. General courts-martial b. Criteria
b. Special courts-martial c. Procedure
c. Summary courts-martial d. Limitations

0121 REQUESTS FOR AUTHORITY TO 0125 EXERCISE OF COURT-MARTIAL
CONVENE COURTS-MARTIAL JURISDICTION OVER MAJOR
FEDERAL OFFENSES
a. General courts-martial
b. Special and summary courts- a. Background
martial b. Limitation on court-martial
c. Separate and detached units jurisdiction
d. COs of staff enlisted c. Exceptions
personnel d. Related matters
e. Requests for courts-martial
convening authority 0126 DETERMINATION OF STATUS OF
f. Record maintenance CASE AS NATIONAL SECURITY
CASE, INVESTIGATION OF
0122 GENERAL RESTRICTIONS SUSPECTED NATIONAL SECURITY
ON EXERCISE OF COURT-MARTIAL CASES, AND EXERCISE OF
JURISDICTION JURISDICTION IN SUCH CASES

a. General, special, and a. National security case
summary courts-martial defined
b. Units attached to ships b. Case not designated as a
national security case
0123 EXERCISE OF COURT-MARTIAL c. Referral to the Naval
JURISDICTION OVER RETIRED, Criminal Investigative
RESERVE, FLEET RESERVE, FLEET Service
MARINE CORPS RESERVE, AND d. Preliminary inquiry
DISCHARGED PERSONNEL e. Notice to the JAG, CMC, and
National Security Case
a. Policy Disposition Authority
b. Request for authorization (NSCDA)
c. Pretrial apprehension and f. Limitations on convening
restraint courts-martial
d. Jurisdiction over Reserve g. Courts-martial involving
component personnel under classified information
Article 3(d), UCMJ h. Reporting requirements by
e. Order to active duty in the responsible command
case of Reserve component i. Reporting requirements by
personnel not on active NSCDA
duty j. Pre-trial Agreements
f. Release from active duty of
Reserve component personnel 0127 PRETRIAL RESTRAINT OF ACCUSED
described in subsection (e)
g. Tolling statute of a. Custody and restraint of
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accused before or during 0132 [Reserved]
trial
b. Counsel 0133 ADDITIONAL MATTERS IN
c. Preliminary probable CONVENING ORDERS
cause review
d. Initial review officer 0134 ADDITIONAL MATTERS IN THE
e. Reserve component personnel CASE OF CERTAIN RESERVE
COMPONENT PERSONNEL
0128 FORWARDING OF CHARGES
a. Holdover of Reserve
a. Forwarding of charges by an component personnel on
officer in a Navy chain-of- active duty
command b. Holdover of Reserve
b. Forwarding of charges by an component personnel on
officer in the chain-of- inactive duty training
command of the Commandant c. Sentences to forfeiture or
of the Marine Corps fine
d. Sentence involving
0129 SUPERIOR COMPETENT AUTHORITY restraint on liberty
DEFINED
SUBPART C2 - TRIAL MATTERS
a. Accuser in a Navy chain-of-
command 0135 ARTICLE 39(a), UCMJ, SESSIONS
b. Accuser in the chain-of-
command of the Commandant a. General
of the Marine Corps b. Video-teleconference

0130 PERSONNEL OF COURTS-MARTIAL 0136 DELEGATION OF AUTHORITY TO
EXCUSE MEMBERS
a. Military judges
b. Counsel 0137 PRETRIAL AGREEMENTS
c. Members
d. Reporters, interpreters, a. Major Federal offenses
escorts, bailiffs, clerks, b. Consultation
and guards
e. Oaths of court-martial 0138 AUTHORITY TO GRANT IMMUNITY
personnel FROM PROSECUTION
f. Rules of practice before
courts-martial a. General
b. Procedure
0131 STANDARDS FOR DETERMINING c. Civilian witnesses
AVAILABILITY OF REQUESTED d. Cases involving national
INDIVIDUAL MILITARY COUNSEL security
e. Review
a. General f. Form of grant
b. Definitions
c. Submission and forwarding 0139 POST-TESTIMONY PROCEDURE WHEN
of requests AUTHORITY TO GRANT IMMUNITY
d. Action by the commander of WAS OBTAINED FROM THE
requested counsel ATTORNEY GENERAL
e. Administrative review
f. Approval of associate 0140 RULES FOR APPEALS UNDER
defense counsel ARTICLE 62, UCMJ, AND FOR
FILING PETITIONS FOR
1-4
EXTRAORDINARY RELIEF

a. Government Appeals under 0145 FINANCIAL RESPONSIBILITY FOR
Article 62, UCMJ COSTS INCURRED IN SUPPORT OF
b. Government Petitions for COURTS-MARTIAL
Extraordinary Relief
c. Defense Petitions for a. Travel, per diem, fees, and
Extraordinary Relief mileage
d. No rights given b. Involuntary recall and
extension on active duty of
0141 PERSONAL DATA AND CHARACTER members in the Reserve
OF PRIOR SERVICE OF THE component
ACCUSED c. Services and supplies

0141a PERSONALLY IDENTIFIABLE 0146 FEES OF CIVILIAN WITNESSES
INFORMATION (PII) IN RECORDS
OF TRIAL a. Method of payment
b. Public voucher
a. General c. Obtaining money for advance
b. Matters under seal tender or payment
d. Reimbursement
0142 RELEASE OF INFORMATION e. Certificate of person
PERTAINING TO THE before whom deposition is
ADMINISTRATION OF MILITARY taken
JUSTICE AND ACCUSED PERSONS f. Payment of accrued fees
g. Computation
a. General h. Non-transferability of
b. Applicability of accounts
regulations i. Signatures
c. Release and dissemination j. Rates for civilian
of information witnesses prescribed by law
d. Information to be k. Supplemental construction
disseminated without of section
specific request l. Expert witnesses
e. Additional information m. Payment of witness fees to
subject to release foreign nationals
f. Prohibited information
g. Scope 0147 WARRANTS OF ATTACHMENT
h. Consultation
0148 POST-TRIAL REPRESENTATION OF
0143 SPECTATORS AT PROCEEDINGS A CONVICTED ACCUSED

a. Courts-martial a. Submission of matters
b. Article 32, UCMJ, under R.C.M. 1105
investigations b. Appellate rights
c. Relief of Trial Defense
0144 SECURITY OF CLASSIFIED MATTER Counsel
IN JUDICIAL PROCEEDINGS d. Waiver or withdrawal of
appellate review
a. General
b. Security clearance of
personnel
c. Procedures concerning
spectators
1-5