UPDATED POLICIES GOVERNING ARTICLE 15, THE UNIFORM CODE OF MILITARY JUSTICE PROCEEDINGS

[Tony]

CLASSIFICATION: UNCLASSIFIED// 
ROUTINE 
R 081906Z NOV 23 MID120000611051U 
FM SECNAV WASHINGTON DC 
TO ALNAV 
INFO SECNAV WASHINGTON DC 
CNO WASHINGTON DC 
CMC WASHINGTON DC 
BT 
UNCLAS 
 
ALNAV 091/23 
 
MSGID/GENADMIN/SECNAV WASHINGTON DC/-/NOV// 
 
SUBJ/UPDATED POLICIES GOVERNING ARTICLE 15, THE UNIFORM CODE OF MILITARY 
JUSTICE PROCEEDINGS// 
 
REF/A/DOC/MCM/15SEP23// 
REF/B/DOC/JAGINST 5800.7G CH-1/14FEB22// 
 
NARR/REF A IS THE MANUAL FOR COURTS-MARTIAL.   
REF B IS JAGINST 5800.7G CH-1 MANUAL FOR JUDGE ADVOCATE GENERAL// 
 
RMKS/1.  Leaders at all levels bear responsibility for properly and 
effectively maintaining unit discipline while safeguarding the rights of all 
in their charge.  Fairly and consistently administering discipline through 
Non-Judicial Punishment (NJP) proceedings has long ensured our ability to 
maintain good order and discipline.  As we rise to meet current challenges by 
operating at the highest levels of warfighting preparedness, NJP needs to 
maintain its value as a tool for Commanders, Commanding Officers, and 
Officers in Charge ("Commanders") at sea and ashore to ensure unit 
effectiveness and readiness by swiftly addressing minor misconduct regardless 
of where the unit operates.  As a learning organization, we must continue to 
self-assess, evaluate our strengths and weaknesses, and adjust policy when 
necessary to ensure guidance is clear and implementation meets our goals and 
intent. 
 
2.  To that end, this All Navy (ALNAV) message clarifies the definition of 
when a vessel is operational to ensure Commanders continue to apply Article 
15 vessel exception fairly, consistently, and justly.  This ALNAV also 
directs providing additional consultation opportunities for an accused prior 
to all NJP proceedings regardless of whether the vessel exception applies. 
 
3.  Effective immediately, the following policies apply to Article 15, 
Uniform Code of Military Justice (UCMJ) NJP proceedings within the Department 
of the Navy (DON): 
    a.  Vessel Exception.  Service Members have the right to refuse NJP and 
demand trial by court-martial unless they are attached to or embarked in a 
vessel.  Determining whether a Service Member subject to NJP proceedings is 
attached to or embarked in a vessel (e.g., ship or submarine) - such that 
this "vessel exception" to Article 15 applies - requires analyzing the 
totality of the circumstances with a focus on the accused's relationship to 
the command and the operational status of the vessel. 
        (1) Commanders of vessels, or units with personnel attached to (or 
embarked in) a vessel, may only invoke Article 15 vessel exception when, at 
the time NJP is imposed, a vessel is operational.  For these purposes, a 
vessel is considered non-operational when, per the Optimized Fleet Response 
Plan, the vessel is in the Maintenance and Modernization Phase (e.g., major 
shipyard or depot-level repairs, refueling for nuclear powered vessels, 
upgrades, force reconstitution, or platform modernization), in a pre-
commissioning status, or otherwise designated as not operational by a higher 
authority.  The Maintenance and Modernization Phase includes time before and 
after the depot availability that the vessel is unavailable for tasking and 
training such as "smart start" or post-availability testing and trials in the 
case of conventional surface ships. 
        (2) In all other phases, a vessel is considered operational unless 
higher authority specifically designates otherwise.  Unwarranted invocation 
of the vessel exception is grounds to appeal NJP as unjust per paragraph 7 of 
Part V of reference (a). 
    b.  Consultation Requirements.  These apply to all Article 15 NJP 
proceedings including those in which the vessel exception applies. 
        (1) Pre-NJP Consultation for the Accused.  Prior to NJP, Commanders 
shall fully advise any accused of all applicable legal rights and afford the 
accused opportunity to consult with military defense counsel when 
operationally feasible and such consultation can occur via any appropriate 
means of communication within a reasonable amount of time.  Consultation is 
"operationally feasible" when taking reasonable steps to allow for it 
would:  (1) not preclude accomplishment of a military order or objective; and 
        (2) not compromise safety. 
        (2) Post-NJP Consultation for the Accused.  All accused upon whom NJP 
has been imposed shall have a right to consult with counsel concerning 
available opportunities to appeal and whether such opportunities should be 
pursued. 
        (3) Commanders should receive appropriate training on Article 15, 
UCMJ.  Such training may be accomplished through the normal command training 
pipeline or as otherwise directed by their NJP appellate review authority. 
 
4.  I direct the Judge Advocate General of the Navy to update reference (b) 
to reflect these policy changes.  Until then, this ALNAV controls.   
Consistent with this ALNAV, type commanders may issue supplemental guidance 
to subordinate Commanders with regard to the vessel exception's applicability 
to specific circumstances unique to their vessels.  Commanders should consult 
with their assigned judge advocate when they have any questions regarding 
this policy or its implementation.  Navy Commanders may also consult with a 
servicing Region Legal Service Office.  Commanders and their legal support 
providers must maintain currency on NJP requirements and the rights of 
Service Members.  General court-martial convening authorities shall ensure 
compliance with these updated policies via their NJP appellate review 
authority. 
 
5.  The DON remains committed to the principle of keeping faith with all who 
serve.  Fair and consistent administration of justice for those subject to 
NJP protects Service Member rights while ensuring the maintenance of good 
order and discipline.  Our Sailors and Marines deserve nothing less, and our 
Nation expects nothing less. 
 
6.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.// 
 
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CLASSIFICATION: UNCLASSIFIED//