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.

2 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: 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.

3 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.

4 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.

5 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: (a) Rule for Courts-Martial (RCM) 303 (b) JAGMAN (Chapter II) (c) secnavinst (series) (d) secnavinst (series) (e) DoDI COMMAND INQUIRY.

6 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.

7 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.)

8 ; 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.

9 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.

10 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. 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.