October 2017 - JAG

1 USN/USMC Commander s Quick Reference Legal Handbook (QUICKMAN) October 2017 Most recent QUICKMAN available at: i i TABLE OF CONTENTS Section I: Military Justice and Sexual Assault Prevention and Response 1 NCIS Reporting and Military Justice Investigations 2 Processing Sexual Assault Allegations 3 Sexual Assault Initial Disposition Authority (SA-IDA) 6 Questioning/Interrogating Suspects and Article 31(b) Rights 9 Search and Seizure 11 Courts-Martial: Types and Convening Authority 13 Court-Martial Basics 15 Pretrial Restraint 17 Pretrial Agreements 19 Post-Trial Review 21 Victim/Witness Issues 24 Section II: Administrative Corrective Measures and NonJudicial Punishment 26 Non-Punitive Measures to Correct Misconduct or Poor Performance 27 Nonjudicial Punishment Basics 29 Nonjudicial Punishment Procedures and Proceedings 31 Nonjudicial Punishment Clemency Action 33 Nonjudicial Punishment Appeals 35 Section III: Administrative Investigations 37 Investigations Pursuant to the JAGMAN 38 Death Investigations 41 Reporting Requirements for Loss or Compromise of Classified Material 43 Section IV: Claims 45 Claims Overview 46 ii Section V.

2 Administrative Separations and Officer Misconduct 47 Enlisted Administrative Separation Basics 48 Enlisted Administrative Separation Boards 54 Officer Misconduct and Separations 56 Detachment for Cause (USN Only) 58 Section VI: Command Urinalysis Program 59 Command Urinalysis Program Overview 60 Section VII Physical and Mental Health Issues 64 HIV Issues 65 Mental Health Evaluations 67 Section VIII: Sexual Harassment, Fraternization, and Hazing 68 Sexual Harassment Response 69 Fraternization Overview 71 Hazing Prevention 73 Section IX Freedom of Expression 75 Speech, Religious Accommodation, Political Activities 76 Section X: Grievance Procedures 79 Request Mast and Complaints of Wrong 80 Hotline Complaints (IG) and Whistleblower Protection Act 82 Congressional Inquiries 83 Section XI: Information Access 84 Freedom of Information Act (FOIA) 85 Privacy Act and Personally Identifiable Information (PII) 87 Health Insurance Portability and Accountability Act (HIPAA) 89 iii Section XII: Relations with Civilian Authorities 90 Civilian Jury Duty 91 Cooperation with Civilian Law Enforcement Authorities 92 Supporting Civilian Authorities 94 Repossession of Personal Property on Installations 95 Service of Process/Subpoenas 96 Customs Responsibilities 98 Section XIII.

3 Foreign Relations and Marriages to Foreign Nationals 99 Foreign Claims 100 Foreign Criminal Jurisdiction and Status of Forces Agreements 101 Liberty Risk 102 Marriages Overseas and Marriages to Foreign Nationals 103 Section XIV: Legal Readiness 104 Legal Assistance Program 105 Pre-Deployment Legal Readiness 107 Servicemembers Civil Relief Act (SCRA) 110 Dependent Support 113 Paternity Complaints 115 Indebtedness Complaints 116 Family Relationship Issues, Domestic Violence, and Family Advocacy Program 118 iv Section XV: Ethics and Standards of Conduct 120 Guidelines for Ethical Conduct 121 Commercial Dealings between Service Members 122 Conflicts of Interest 123 Fundraising 125 Birthday Ball Fundraising 127 Gambling 129 Gifts between Employees 130 Gifts from Outside Sources 131 Use of Government Resources 133 Outside Employment 134 Political Activities 135 Private Organizations and Spouse Clubs 136 Travel Benefits 138 Command Coins, Recognition, and Retention Items 139 GLOSSARY OF COMMON ACRONYMS USED IN THIS PUBLICATION 140 APPENDICES 144 1 SECTION 1: MILITARY JUSTICE AND SEXUAL ASSAULT PREVENTION AND RESPONSE 2 NCIS REPORTING AND MILITARY JUSTICE INVESTIGATIONS REFERENCES.

4 (a) Rule for Courts-Martial (RCM) 303 (b) JAGMAN (Chapter II) (c) SECNAVINST (series) (d) SECNAVINST (series) (e) DoDI COMMAND INQUIRY: Suspected offenses may come to command attention in a variety of ways ( , shore patrol, civil law enforcement, or phone call, etc.). Per reference (a), the commanding officer (CO) must conduct some form of inquiry into reported offenses that may be tried by court-martial. The degree of inquiry will depend on the nature, validity, and seriousness of the complaint. See reference (b). MANDATORY REFERRAL TO NCIS: Reference (c) mandates that certain incidents be referred to NCIS, whether occurring on or off base, and regardless of civilian investigation involvement. These incidents include: Actual, suspected, or alleged major criminal offenses [punishable under the Uniform Code of Military Justice (UCMJ) by more than 1 year of confinement]; Non-combat deaths when the cause of death is not medically attributable to disease or natural causes; Fires or explosions of unknown origin affecting Department of the navy (DON) property or property under DON control; Theft or loss of ordnance or controlled substances; Disappearance of a command member; All instances of suspected fraud against the government within DON ( , theft of government property, bribery, false claims for pay, etc.)

5 ; Actual or suspected acts of espionage, terrorism, sabotage, or assassination; Actual, suspected, or attempted defection of DON personnel; Internal security incidents, such as loss, compromise, or suspected compromise of classified information; National security cases; and Suspected sex-related offenses as defined under Articles 120 and 125 of the UCMJ [reference (e)]. WHEN NCIS DECLINES TO INVESTIGATE: NCIS may, at its discretion, decline to conduct or continue any investigation but shall expeditiously inform the affected command. A command may then request assistance from the local base security department or appropriate authority or pursue a command investigation pursuant to references (a) and (b). 3 PROCESSING SEXUAL ASSAULT ALLEGATIONS REFERENCES: (a) DoDI (b) (c) (d) DoDD SECNAVINST (series) OPNAVINST (series) (e) MCO (series) (f) MCO (series) (g) OPNAVINST (series) (h) Commander s 30-Day Checklist ( ) (i) MCO (j) SECDEF Memo of 14 Aug 13 (k) 10 1565b (l) MARADMIN 583/13 (m) NAVADMIN 014/15 (n) MARADMIN 545/16 GENERAL INFORMATION: The Department of Defense defines sexual assault as intentional sexual contact, characterized by use of force, physical threat, abuse of authority, or when such sexual contact is made when the victim does not or cannot consent.

6 It includes rape, nonconsensual sodomy, and indecent assault, regardless of gender or spousal relationship [see reference (a)]. References (a) through (c) detail specific policies, provide guidance, and identify command responsibilities for handling sexual assault allegations. Sex-related crimes are found in Articles 120-120c and 125 of the UCMJ. The definition of sexual assault used for the Sexual Assault Prevention and Response (SAPR) program is not identical to the legal definition of sexual offenses punishable as crimes under the UCMJ. COMMANDER S RESPONSIBILITIES: Commanders must possess a thorough knowledge of references (a) and (d) to fully understand the scope of their responsibilities, and the responsibilities of personnel under their command, in handling sexual assault allegations.

7 Leadership is the key to sexual assault prevention and response. The commander s role in prevention is to establish a climate that confronts the beliefs and values that contribute to behaviors which facilitate sexual assault, to establish clear standards for personal behavior, and to hold offenders accountable. As leaders, commanders must be keenly aware of and sensitive to the climate of their units. Commanders must continuously educate their personnel on how to prevent incidents of sexual assault, while also encouraging victims and witnesses to report these incidents when they occur. Commanders must be sensitive to the physical, mental, and emotional state of victims and alleged offenders. Commanders should follow the guidance in the Sexual Assault Initial Disposition Authority section below, which outlines additional command responsibilities.

8 4 REPORTING REQUIREMENTS FOR SEXUAL ASSAULT INCIDENTS: Commanders shall immediately report all suspected or alleged sexual assaults to NCIS. Commanders must not conduct independent command investigations into allegations of sexual assault, to avoid compromising the NCIS investigation. In addition to OPREP/SITREP requirements, commands must report to Echelon II commanders within 24 hours of receiving a report of sexual assault, in accordance with reference (d). The following incidents must be reported: Sexual assaults, to include rape, forcible sodomy, assault with intent to commit rape or sodomy; Sexual assaults occurring in areas of navy control, regardless of the victim s or perpetrator s military status, military affiliation, or nationality; Incidents involving sexual assault victims who are dependents, and alleged perpetrators who are active duty Service Members assigned to a naval command, regardless of the location of the incident.

9 And In addition to the above-listed reports, incidents involving sexual assault victims who are under the age of 18 or married to the perpetrator should also be reported to the Family Advocacy Program [see DOMESTIC VIOLENCE/FAMILY ADVOCACY]. Upon disposition of a sexual assault allegation, the commander of the accused must submit the Sexual Assault Disposition Report (SADR) within two (2) business days. If the accused is unknown or a civilian, the victim s commander is responsible for submitting the SADR. The USMC requires the use of the following form, available on the Judge Advocate Division Forms link on the SJA to the CMC website: ADDITIONAL REQUIREMENT FOR REPORTING SEXUAL ASSAULT INCIDENTS: USN: Within eight (8) days of the initial SITREP for an alleged sexual assault, the commander of the alleged victim must complete and submit a Sexual Assault Initial Response Oversight (SAIRO) report.

10 If the alleged victim is a civilian, the commander of the accused is responsible for the SAIRO report. Per reference (g), within 30 days of a report of a sexual offense, the commander must make contact with the first flag in the chain of command in person, via video teleconference, or via telephone to give the flag officer a command assessment. USMC: A Sexual Assault Prevention and Response 8-day brief must be submitted electronically to the victim s CO for unrestricted reports. Note: This brief need only be submitted if the victim is an active duty adult. Reference (i) details a commander s responsibilities in further detail. Generally, commanders must ensure that sexual assault victims are treated fairly and with sensitivity, that information related to the victim is handled in a confidential manner, that the victim has access to necessary services, and that the victim receives monthly updates on the status of his/her case.