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can you refuse captains mast

by Prof. Lewis Morar Published 3 years ago Updated 2 years ago
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Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain's Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain's Mast.Apr 19, 2012

What happens if you accept the captain’s mast?

Even though you can still find an attorney to represent you, accepting the Captain’s Mast means you’re giving the commanding officer the right to judge you and to determine your punishment. Essentially, you’re putting your fate in the hands of someone who already believes you to be guilty.

What is a captain’s mast in the Army?

It’s more commonly known as an Article 15 in the Army, or “Office Hours” in the Air Force. A Captain’s Mast is offered by a commanding officer who believes a service member has committed a punishable act.

Why was Petty Officer 1st class ordered to captain’s mast?

Petty Officer 1st Class was ordered to Captain’s Mast and reduced in rank for disrespecting a senior officer, disobeying a lawful order, and resisting arrest. Mr. Karns intervened and the commander agreed to suspend the reduction in rank.

Is mast the end of your sailboat career?

Remember, Mast is not the end of your career. Some of the most impressive sailors I’ve ever met had two or three NJPs under their belt. Hell, it’s almost a mantra that you can’t make Chief unless you’ve got a divorce, a Captain’s Mast, and a drinking problem under your belt.

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What happens if you refuse captain's mast?

Correctional custody of not more than 30 consecutive days. Forfeiture of ½ months pay per month for not more than 2 months. Extra duty for not more than 45 days. Restriction to a specified area for not more than 60 consecutive days.

Can you appeal captain's mast?

You have the right to appeal a CO's decision at mast. See Article 15(e), UCMJ for details. In general you can appeal on the grounds the punishment was unjust or disproportionate. The appeal should be “prompt” (within five days) and directed to the next superior authority via the “proper channels” (chain of command).

Can a sailor refuse NJP?

A military member, except under one circumstance, has the right to either accept NJP, or refuse NJP and demand trial by court-martial. The exception is for Navy and Coast Guard personnel assigned to a sea going command – they have no right to refuse NJP.

What is an Article 15 in the military?

It permits commanders to resolve allegations of minor misconduct against a soldier without resorting to higher forms of discipline, such as a court-martial. The decision to impose an Article 15 is completely the commander's.

What happens if I refuse an Article 15?

If the service member decides to refuse or “turn down” the Article 15 action, the chain of command will then decide whether to drop the case or forward it for court-martial action.

Can you request court-martial on a ship?

Except in the case of a person attached to or embarked in a vessel, an accused may demand a trial by court-martial in lieu of nonjudicial punishment (NJP).

Is Captain's mast a court-martial?

Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain's Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain's Mast.

Can you still get an honorable discharge with an NJP?

Can you still get an honorable discharge with an NJP? A minor, isolated NJP should not affect a service member receiving an honorable discharge. However, some members may receive a “General, Under Honorable Conditions” Discharge.

How do you beat NJP?

5 things you need to know to fight an NJPShut up. Demand a lawyer immediately and stay firm. ... Lawyer up. You have the right to an attorney, if they can't provide you with one, the NJP is postponed until they can. ... Write a statement. ... Take corrective action before the trial. ... They could be relieved of command themselves.

Can a soldier refuse a promotion?

Question: Can a Soldier refuse to attend a promotion board? Answer: A Soldier cannot refuse to attend a promotion board. Soldiers who are required or recommended for promotion by the CCDR will appear before the board.

What happens if you refuse to do extra duty Army?

The penalties for negligent dereliction of duties include: Forfeiture of two-thirds of your pay for 3 months, and/or. No more than 3 months of confinement.

Can officers lose rank?

This occurs often in the U.S. military, to three- or four-star general or flag officers, who can be reduced in rank to no lower than their permanent rank of two-stars, as all ranks above two-stars are temporary, and are linked to their position's office.

Can you refuse Article 15?

Accepting or Refusing an Article 15. Once offered an Article 15, you have the choice to either accept or refuse. Accepting it will waive any judicial process or rights to a court martial trial, and allow your commander to rule on your guilt—and determine your punishment if found guilty.

Can a military officer find a servicemember guilty of a crime at Article 15?

Because the Military Rules of Evidence are not applicable at Article 15 hearings, written statements or other relevant documentation can be presented in lieu of witness attendance, but, as stated above, Commanding Officers rarely find the servicemember not guilty at Article 15.

What to do if you go over your Captain's head?

If you go over your Captain’s head and lose, you can be willing to bet you’re going to suffer the consequences back onboard.

Is mast the end of your career?

Remember, Mast is not the end of your career. Some of the most impressive sailors I’ve ever met had two or three NJPs under their belt. Hell, it’s almost a mantra that you can’t make Chief unless you’ve got a divorce, a Captain’s Mast, and a drinking problem under your belt.

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1.Non-Judicial Punishment/Article 15/Captain’s Mast

Url:https://www.usmilitarylawyer.com/military-non-judicial-punishment-article-15.asp

6 hours ago Can you refuse captain's mast? Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain's Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain's Mast .

2.Captain’s Mast: An Overview of Non-Judicial Punishment …

Url:https://www.militaryjusticeattorneys.com/blog/captains-mast-an-overview-of-article-15-and-non-judicial-punishments/

31 hours ago  · Unless a service member is attached to or embarked on a vessel, he or she can refuse Captain’s Mast and demand a trial. Court martial affords service members certain procedural rights that are lacking at Captain’s Mast. There’s a judge and jury, and the standard for proof is much higher, set at “beyond a reasonable doubt.”

3.In the US military, are officers ever given a captain's mast?

Url:https://www.quora.com/In-the-US-military-are-officers-ever-given-a-captains-mast

1 hours ago If you decide to refuse or "turn down" an Article 15, your command will be forced to decide to possibly drop the case or forward it for prosecution via a court-martial. ... Petty Officer 1 st Class was ordered to Captain’s Mast and reduced in rank for disrespecting a senior officer, disobeying a lawful order, and resisting arrest. Mr. Karns ...

4.What is “Captains Mast” in the Navy? I heard it’s like

Url:https://www.quora.com/What-is-Captains-Mast-in-the-Navy-I-heard-it-s-like-being-reprimanded-for-an-Article-15-in-the-Army

36 hours ago  · Depending on your branch of service, the non-judicial punishment procedure may be referred to as “Article 15” (Army), “Captain’s Mast” (Navy), or “Office Hours” (Air Force). Regardless of what it is called, you have rights in the process. In this article we will discuss the Article 15 process, and what you can expect throughout.

5.Have you ever requested Captain's Mast? How did it go? : …

Url:https://www.reddit.com/r/navy/comments/sf0v7r/have_you_ever_requested_captains_mast_how_did_it/

5 hours ago  · You’re not subjected to a Captain’s Mast involuntarily. You can either accept or decline the offer, so it’s important to understand how your decision will affect you. If you accept, you should find an attorney to help you present your side of the story.

6.3 Ways to Keep CO's Mast From Ending Your Career

Url:https://navycrow.com/3-ways-keep-cos-mast-ending-career/

15 hours ago David A Miller. A Captain's Mast is a colloquial term in the Navy for a non-judicial punishment under Article 15 of the Uniform Code of Military Justice. Officers are subject to the Code, but issuing punishment of this nature is confined to Flag Officers in the grade of Rear Admiral (Lower Half) or higher. Junior officers may be reprimanded for substandard performance by their …

7.NJP CHECK - United States Naval Academy

Url:https://www.usna.edu/NAPS/_files/documents/NAPS-Instructions/NAPSINST-1626.1B-Captains-Mast.pdf

32 hours ago Answer (1 of 5): Yes, “Captain’s Mast” in the U.S. Navy and U.S. Coast Guard (called “Office Hours” in the U.S. Marine Corps) is those service’s “nickname” for Non-Judicial Punishment (NJP) under Article 15 of the Uniform Code of Military Justice (UCMJ), …

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