MR for CPO Chapter 2 covers investigation, US Navy Regulations, standard Organization and Regulations of the US Navy, and status of Forces Agreement.
Chapter 2
-Military Conduct and Justice- You may serve as a (PIO) preliminary inquiry officer. However you will only investigate relatively minor offenses.
Report chits are reports of offenses involving military conduct or justice.
Charges and specifications are typed on NAVPERS 1626/7.
You can see what a NAVPERS 1626/7 form looks like on pages 2-2 and 2-3.
Your rights are under article 31(b) of the UCMJ.
Statements given by supervisors, peers, and the accused provide the best source of information about the accused.
Real evidence is a physical object such as a knife, or a stolen camera in a theft case.
Documentary evidence would be patrol reports, log books, watch bills, service records, local instructions, or organizational manuals.
Before the accused is questioned, have them sign the knowledgement line on the front page of the report chit and initial any attached pages.
You may only question the accused if he or she has knowingly and intelligently waived their statutory rights.
Note: Pages 2-9 through 2-18 cover US Navy regulations. We will cover some of the regulations, but you may want to review pages 2-9 through 2-18 on your own.
The United States Navy Regulations is the principle regulatory document of the Department of the Navy.
The Chief of Naval Operations (CNO) is responsible for maintaining Navy Regulations
The Secretary of the Navy must approve all changes to Navy Regulations
1021: Authority over subordinates.
1022: Delegation of authority
1024: Contradictory and Conflicting Orders, always follow the last order given.
1033: Authority in a boat is given to the senior line officer eligible for command at sea.
1038: Authority of a Sentry.
1112: Lending money, you can charge interest as long as it does not exceed 18% simple interest per year.
1134: Exchange of duty
1143: Report of a Communicable Disease. Personnel should report suspicions of a communicable disease to the medical representative.
1158: Quality and Quantity of Rations The commanding officer will delegate on officer to regularly sample a meal in the general mess. That officer will notify the commanding officers of any problems.
The Standard Organization and Regulations of US Navy (SORM) OPNAVIST 3120-32B provides regulations and guidance governing the conduct the conduct of all members of the Navy. The publication specifies duties and responsibilities of personnel within a unit or command.
EMI will normally not be assigned for more than Two hours per day.
EMI may be assigned at a reasonable time outside of normal working hours.
EMI will not be used as a method of depriving normal liberty. Normal liberty may commence upon the completion of EMI.
The authority to assign EMI rests with the commanding officer.
Withholding of privileges: the temporary withholding of privileges is authorized as an administrative measure to correct minor infractions of military regulations or performance deficiencies when punitive action is deemed inappropriate.
Privileges that may be temporarily withheld include special liberty, exchange of duty, special pay, special command programs, base or ship liberties, movies, command parking, and special service events.
Extension of working hours to deprive personnel of normal liberty as punishment is illegal.
Extensions of working hours are authorized in certain situations such as pretrial restraint, or when in a foreign country when such action is deemed necessary. Working hours may also be extended to complete essential work or to achieve operational readiness.
Personnel are prohibited from sleeping or lying on any bunk while clothed in dungarees or working clothes including shoes or boots.
The senior petty officer in charge of a compartment in which any mess gear is found will ensure it is immediately returned to the mess decks.
You are not authorized to give another person any uniforms or clothing that was furnished by the government.
All authorized uniforms that are reissued will have a red DC marked on them by the Chief Master-at-Arms.
When any enlisted person on board ship has been declared a deserter or incapacitated, will have all their personal effects collected, inventoried, and sealed by a division petty officer in the presence of the division officer and a master-at-arms, and delivered to the Chief Master-at-Arms for safekeeping and/or disposition.
Chapter 7 in the SORM provides for a safety program.
Status of Forces Agreement (SOFA) is to clearly define the status of one countrys military personnel when they are stationed in a foreign country.
Some of the topics covered by SOFA are as follows:
- Freedom of troop movements within the host country
- Passport requirements
- Criminal jurisdiction
- Taxes
- Imposition of customs duties
- Regulations covering drivers license
- Exchange privileges Under SOFA you are only immune from jurisdiction from the local government as long as you stay aboard or go ashore on official business only
SOFA was developed shortly after World War II
The equal right of jurisdiction is called concurrent jurisdiction
Under SOFA you are allowed to drive in another country with your US drivers license. You do not have to pay customs duty or taxes when bringing household goods and personal belongings, including you car, into a host country. You are also allowed to enter and leave the country on military orders.
Review Chapter 2 MR for CPO.
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