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Corporals Course- Administration
Terms in this set (63)
•Proficiency and conduct marks are used in the computation of composite scores of lance corporals and corporals. Regular promotion to corporal and sergeant depends on a Marine's composite score.
•The promotion system up to the rank of sergeant is described in The Promotion System lesson of this course.
•The reference is Marine Corps Order P1400.32D, Marine Corps Promotion Manual, Volume 2, Enlisted Promotions, also known as the Promotion Manual.
•All Marines applying for reenlistment must have a minimum proficiency and conduct mark average of 4.0/4.0 during the current enlistment contract and extensions to that contract.
•The reference is MCO 1040.31, Enlisted Retention and Career
Certain Duty Assignments
As special duty and independent duty assignments involve demanding duties or duties with an unusual degree of responsibility, Marines must meet special requirements which include minimum proficiency and conduct marks.
•Marine Recruiter Duty: Corporals applying for recruiting duty must have a minimum 4.6/4.6 Proficiency/Conduct mark average.
•Marine Security Guard Duty: Marine security guard applicants must have a minimum 4.2/4.2 Proficiency/Conduct mark average.
•Independent Duty: Marines going on independent duty must have a minimum 4.4/4.4 Proficiency/Conduct mark average.
The reference is MCO P1326.6D, Selecting, Screening, and Preparing Enlisted Marines for Special Duty Assignments and Independent Duties.
Characterization and Discharge
•Honorable characterization of service is the highest quality characterization and is appropriate when the quality of the Marine's service has met the standards of accepted conduct and performance of duty for military personnel. Therefore, characterization will be honorable for Marines with an average proficiency mark of 3.0 or higher and average conduct mark of 4.0 or higher.
•This is important as a less than honorable characterization may reduce employment opportunities and the benefits received from Veterans Affairs after discharge.
•The reference is MCO 1900.16, Separation and Retirement Manual.
Purpose of Pros and Cons
•The purpose of proficiency (pro) and conduct (con) marks is to indicate how proficiently individual Marines performed their primary duties, and how they conducted themselves during the rating period.
responsibility of NCO
The responsibilities of staff noncommissioned officers (SNCOs) and noncommissioned officers (NCOs) include training and supervising Marines in the performance of their duties. This close relationship gives NCOs the ability to record information on a Marine's performance and to evaluate their performance during the reporting period. NCOs' responsibilities include providing a fair and balanced recommendation for pro and con marks to the commander.
responsibility of CO
The commanding officer establishes unit policies and procedures for recommending and assigning proficiency and conduct marks. Since the commanding officer cannot physically observe all corporals and below on a daily basis, the commander will rely on SNCOs and NCOs to evaluate the performance of their Marines and to submit recommended proficiency and conduct marks. Although the commander should review and consider the recommended marks, the commander has sole responsibility in the assignment of marks for each Marine. The commanding officer is the deciding authority and is responsible for maintaining an equitable proficiency and conduct performance evaluation system for Marines in his/her charge.
Pro and Cons Policy
Marine Corps Order P1070.12K, Individual Records Administration Manual, or IRAM, provides SNCOs, NCOs, and commanders with the guidance necessary to recommend and assign proficiency and conduct marks. The IRAM establishes guidelines to create consistency in the evaluation process, measuring specific factors expected of all Marines.
Marks are required for corporals and below. The process for assigning proficiency and conduct marks is founded in the belief that the commander who assigns these marks and the SNCOs or NCOs who recommend them are familiar with paragraph 4005 of the IRAM. Paragraph 4005 provides guidance in three major areas:
•Occasions when proficiency and conduct marks are assigned
•Attributes to examine when doing a performance evaluation
•Rating scale to use when recommending or assigning marks
occasions that require pro and con marks
transfer - Both
temporary disability retired list - Both
discharge - Both
promotion to cpl or sgt - Both
reduction - Both
declared deserter - Only active
last day prior to declared deserter - Only active
temporary additional duty (TAD) - Only active
TAD complete - Only active
change of primary duty - Both
service school complete - Both
semi annual ( 31 jan. and 31 jul) - Only active
annual - only reservists
completion of annual training - only reservists
recommended (mco p1400.32) - both
active duty special work - only reservists
Evaluation Proficiency- What attributes or factors should be considered when making an evaluation of a Marine's proficiency?
The proficiency mark should indicate how well a Marine performed their primary duties during the marking period. In addition to technical skills and specialized knowledge, relating to duty proficiency marks, the "whole Marine concept" must be considered. The "whole Marine concept" necessitates that the following attributes should also be evaluated and incorporated into the proficiency mark: mission accomplishment, leadership, intellect and wisdom, individual character, physical fitness, personal appearance, and completion of professional military education, courses hosted on MarineNet, and off-duty education.
•Note that per MARADMIN 209/15, Marine Corps Institute (MCI) courses were transferred to the College of Distance Education and Training at Marine Corps University and became courses hosted on MarineNet.
ATTRIBUTES OF PROFICIENCY
Mission accomplishment addresses both the ends (results) and the means (how the Marine achieved those results). Therefore, this attribute can be broken down into: performance and proficiency.
•Performance is measured by how successful the Marine was in producing results in the assigned billet, as well as any additional duties formally or informally assigned during the reporting period.
•Proficiency is measured by how well the Marine demonstrated technical knowledge and practical skill in the execution of those duties.
Intellect and Wisdom
The Marine possesses an effective knowledge-base which allows for good judgment and decision-making ability. This attribute can be broken down into: judgment and decision-making.
•Judgment is the discretionary aspect of decision-making. Judgment draws on core values, knowledge, and personal experience to make wise choices.
•Making sound decisions leads to mission accomplishment. You should actively collect and evaluate information and weigh alternatives to make the best decision.
During performance of duties, the Marine displays ideal leadership qualities such as leading and developing subordinates, setting the example, ensuring the well-being of subordinates, and effective communication skills.
•Leading subordinates is the application of leadership principles to provide direction and motivate subordinates.
•Developing subordinates is the commitment to train, educate, mentor, and challenge subordinates.
•Marines who set the example serve as a role model for others.
•Ensure the well-being of subordinates by having a genuine interest in the well-being of Marines.
•Communication skills is the effective transmission and receipt of thoughts and ideas that enable leadership.
The Marine displays qualities, such as courage, initiative, and effectiveness under stress, which distinguish each Marine as an individual.
•Courage is the moral and physical strength to overcome danger, fear, difficulty or anxiety.
•Taking the initiative is to act in the absence of specific directions or orders.
•To be effective under stress, you will need to think, function, and lead effectively under conditions of physical and/or mental pressure.
ATTRIBUTES OF PROFICIENCY - cont.
The Marine strives to maintain the required level of physical fitness as demonstrated by his/her performance during physical fitness tests (PFTs) and combat fitness tests (CFTs).
•The Marine maintains and wears uniforms in a neat and serviceable condition, and adheres to grooming standards, as well as the tattoo and piercing policy.
•The Marine also follows proper regulation on the consumption of food, tobacco, and chewing products while in uniform.
Completion of PME, MarineNet courses, and off-duty education
The Marine shows commitment to intellectual growth by completing required professional military education (PME), courses hosted on MarineNet, and/or civilian off-duty education.
•Note that per MARADMIN 209/15, MCI courses were transferred to the College of Distance Education and Training at Marine Corps University and are now courses hosted on MarineNet.
In addition to observance of the letter of the law and regulations, conduct includes conformance to accepted usage and customs, and positive contributions to unit and Corps. When evaluating the conduct of a Marine, you should consider the following attributes: general bearing, attitude, interest, reliability, courtesy, cooperation, obedience, adaptability, influence on others, moral fitness, physical fitness as effected by clean and temperate habits, and participation in unit activities not related directly to unit mission.
Assignment to the body composition program is another factor to consider when recommending conduct marks.
ATTRIBUTES OF CONDUCT
The Marine creates a favorable impression through carriage, appearance, and personal conduct at all times. Marines with good bearing look, talk, and act like leaders
The Marine displays a positive attitude towards the job, mission, unit, Marine Corps, and fellow Marines. Attitudes are usually expressed in "likes" or "dislikes," which can affect the performance and conduct of a Marine.
The Marine's personal interests (e.g., education, physical fitness) align with those of the Marine Corps. The Marine displays sincere enthusiasm and concern for tasks assigned and mission accomplishment.
The Marine does the right thing in the absence of supervision. The Marine can be depended on for accuracy, honesty, and carrying out assigned tasks. The Marine always arrives at work on time.
The Marine treats subordinates, peers, and seniors with courtesy and respect as expected by Marine Corps customs and courtesies. The Marine has the ability to handle difficult situations with respect and decorum.
The Marine unconditionally assists others to accomplish the mission. The Marine works and plays well with others.
ATTRIBUTES OF CONDUCT - cont.
The Marine adheres to the letter of the law and regulations. The Marine demonstrates prompt obedience to lawful orders, disciplined behavior, and adherence to standards.
The Marine demonstrates flexibility and innovation by adapting appropriately to various situations.
Influence on Others
The Marine's actions influence the positive performance and behavior from other Marines. By setting the example, the Marine exerts a positive effect on the actions, behavior, and opinions of others.
The Marine effectively applies the principles of "right" and "wrong" in relation to the Marine Corps core values. The Marine demonstrates high moral standards of virtue, honor, patriotism, and honesty.
Physical Fitness as Affected by Clean and Temperate Habits
The Marine demonstrates a moderate or self-restrained lifestyle that does not affect physical performance.
Temperate in this case means "moderate" in regard to indulgence of appetite or desire, especially in the use of alcohol. A person with temperate habits would not drink alcohol to excess.
Participation in Unit Activities Not Related to the Unit Mission
The Marine volunteers to participate in unit-sponsored events, in both military and civilian settings, contributing to the unit's esprit de corps. These activities do not include regular duties and additional assignments (e.g., barracks duty, working party).
Examples may include volunteering to assist with unit-sponsored events at nursing homes, orphanages, etc.
PARTS OF THE RATING SCALES
This column provides the numerical value range assigned to each corresponding adjective rating. For example, an "Unacceptable" Marine will receive a mark between 0.0 and 1.9.
Corresponding Adjective Rating
The corresponding adjective ratings are one word descriptors that describe a level of performance achieved in relation to a specific standard of proficiency or conduct.
Standards of Proficiency and Standards of Conduct
The standards of proficiency and standards of conduct provide a description of the specific behavior/performance expected for each level of performance. These standards are associated with the attributes for proficiency and conduct.
MAINTAINING INDIVIDUAL RECORDS
Along with supervising Marines on the performance of their duties, an NCO should record the performance of their Marines. Maintaining individual records will help track a Marine's MOS progress and their development as a Marine.
To document past training and identify current proficiency, an individual training record should be maintained. This training record can be referenced when evaluating a Marine's performance.
NAVMC 2795 recommends documenting counseling sessions to serve as a reference for the senior and the junior in recalling the specifics of sessions. This documentation also allows the senior to see the junior's improvement.
It is difficult to make a fair and objective recommendation of proficiency and conduct marks to the commander if you fail to maintain performance records on each of your Marines.
Proficiency and Conduct Marks- Quiz
Who is the deciding authority during the proficiency and conduct mark assignment process?
Your answer (correct): Commanding officer
Which of the following occasions only require proficiency and conduct marks for Reserve corporals and below?
Select all that apply.
Your answer (correct): Annual (AN),Completion of annual training (AT)
In addition to mission accomplishment, which of following attributes should be considered when recommending proficiency marks? Select all that apply.
Your answer: Personal appearance,General bearing
Correct answer: Intellect and wisdom,Individual character,Personal appearance
In addition to courtesy and cooperation, which of the following attributes should be considered when assigning conduct marks? Select all that apply.
Your answer: Leadership,Reliability
Correct answer: Attitude,Interest,Reliability
For the semi-annual reporting period (1 Feb. to 31 Jul. 2013), select a proficiency mark and a conduct mark for Lance Corporal Smith based upon the information provided. Select each graphic to review the leader's observation notes, and Lance Corporal Smith's training information and counseling forms. Review the IRAM to select an appropriate adjective rating for each mark. Finally, select marks that fall within the marking range that corresponds to the adjective rating selected.
Your answer: 3.9 / 4.2
Correct answer: 4.2 / 3.5
The primary reference for enlisted promotions is Marine Corps Order (MCO) P1400.32D, Marine Corps Promotion Manual, Volume 2, Enlisted Promotions.
MCO P1070.12K, Individual Records Administration Manual (IRAM), contains information on proficiency and conduct marks that are a component of a Marine's composite score. Paragraph 4005 of the IRAM describes a Marine's record of service (ROS) which includes average proficiency and conduct marks.
Marine Administrative (MARADMIN) message 521/14, updates the enlisted professional military education (PME) promotion requirements by grade.
The Marine Corps releases monthly "promotion authority" MARADMIN messages for active duty promotions to corporal and sergeant (e.g., MARADMIN 076/15).
Objectives of promotion system
•To maintain the needed strength in each grade and MOS
•To ensure all eligible Marines receive an equitable opportunity to compete for promotion
•To ensure that only the best and fully qualified Marines are promoted
REGULAR PROMOTION TO THE GRADES OF PRIVATE FIRST CLASS THROUGH SERGEANT
Unit commanders occupy a position of paramount importance in the enlisted promotion system. The commander must:
•Ensure that all enlisted Marines who are to be promoted to the next higher grade meet the Marine Corps standards of professionalism, personal performance, and leadership.
•Ensure that a Marine is not promoted unless the individual can be expected to assume the responsibilities and perform the duties of that grade in a creditable and satisfactory manner.
•Ensure that fully qualified and deserving Marines are expeditiously promoted on the date directed by the Commandant of the Marine Corps (CMC).
The decision to promote to the grades of private first class through sergeant rests solely with the commander. A Marine will not be promoted if, in the opinion of the commander, the Marine is not capable of performing satisfactorily in the higher grade, even though all other promotion requirements have been met.
REGULAR PROMOTION TO NONCOMMISSIONED OFFICER
Marines in the grades of corporal (Cpl) and sergeant (Sgt) are required to exercise an ever-increasing degree of maturity, leadership, and professionalism. Consequently, no Marine will be promoted to Cpl or Sgt who has not positively demonstrated the potential, motivation, and maturity to satisfactorily discharge the duties of a small-unit leader. Therefore, it is even more critical to ensure that a commander's recommendation concerning a Marine's promotion to Cpl or Sgt is a thoughtful, deliberate decision.
Each Marine recommended for promotion must be worthy of the title "noncommissioned officer." Marines should be recommended for promotion to Cpl or Sgt only after demonstrating they are worthy of the next higher grade.
REGULAR PROMOTION TO CORPORAL
The Marine Corps controls the number of Marines promoted to corporal through the use of the composite scores of lance corporals. Composite scores are only computed for lance corporals who will meet eligibility requirements by the end of a promotion quarter.
A lance corporal will be considered eligible for promotion if he or she will have 12 months TIG and 12 months TIS by the end of the promotion quarter and has completed the required PME.
An eligible lance corporal recommended for promotion by his or her commander may only be promoted once they have met the TIG requirement and have a composite score that meets or exceeds the published cutting score for their MOS.
Leading Marines Distance Education Program (EPME3000AA) and command-sponsored Lance Corporals Leadership and Ethics Seminar
REGULAR PROMOTION TO SERGEANT
The Marine Corps controls the number of Marines promoted to sergeant through the use of the composite scores of corporals. Composite scores are only computed for corporals who will meet eligibility requirements by the end of a promotion quarter.
A corporal will be considered eligible for promotion if he or she will have 12 months TIG and 24 months TIS by the end of the promotion quarter and has completed the required PME.
An eligible corporal recommended for promotion by his or her commander may only be promoted once they have met the TIG requirement and have a composite score that meets or exceeds the current cutting score for their MOS.
Corporals Course Distance Education Program (EPME4000AA)
and command-sponsored Corporals Course
MONTHLY RECOMMENDATION PROCESS
To eliminate the requirement for commanders to manually determine the eligibility of Marines by TIG or TIS, and to reduce the number of late promotions because of administrative oversight, the Marine Corps Total Force System (MCTFS) automatically identifies eligible personnel.
IF NOT RECOMMENDED FOR PROMOTION:
In combination with the automated process, commanders must decide whether their personnel are recommended for regular promotion. By the 15th of the month prior to the effective date of promotion, the commander must post a "NOT REC PROM" (not recommended for promotion) entry for any private through corporal that they do not recommend for promotion. For privates and private first class Marines, this entry prevents the MCTFS from posting a "select grade" of E2 or E3 respectively and they will not be promoted. For lance corporals and corporals, this entry prevents their composite scores from being calculated so these Marines should not receive a "select grade" of E4 or E5 respectively and they will not be promoted.
"WILL NOT PROMOTE"
If the commander does not post a "NOT REC PROM" entry by the 15th of the month prior to the promotion month and the commander decides not to promote a Marine with a "select grade" entry, then the commander must report a "WILL NOT PROMOTE" unit diary entry to remove the "select grade" posting for the month concerned.
The Marine Corps will promote, by means other than the regular promotion system, exceptionally well-qualified Marines in recognition of outstanding leadership and performance. Meritorious promotions are intended to promote Marines whose performance is superior to that of their peers, or to promote Marines for specific actions or superior achievement. Meritorious promotion will not be used as a reward or when a personal award is appropriate.
The Promotion Manual provides the following rules:
•Meritorious promotions are not authorized above the grade of gunnery sergeant.
•Minimum time-in-grade requirements are waived in the case of meritorious promotions.
•Minimum time-in-service compliance is mandatory.
•Determination of eligibility for meritorious promotion will be based on the performance of the Marine as reported in the meritorious recommendation and on the Marine's military record.
•Commanders must ensure that meritorious promotions are not used as a tool to promote Marines who are otherwise noncompetitive.
CRITERIA FOR MERITORIOUS PROMOTION RECOMMENDATIONS
Per the Promotion Manual, commanders, in their determination of qualifications for meritorious promotions, will be guided by, but are not limited to, the following:
•Marines must have completed the required PME in grade. (See MARADMIN 521/14)
•A Marine's performance of duty, in comparison with all known Marines of the same grade, without regard to MOS, must be to a significant degree superior to that of his/her peers.
•Marine's must have superior performance on unusual assignments that reflect favorably upon the Marine Corps.
•Marines must not be in a promotion restriction status.
Special note: Meritorious promotions are effective the 2nd day of the month unlike regular promotions that are effective on the 1st day of the month.
MINIMUM TIG AND TIS REQUIREMENTS
Time-in-grade is the number of months a Marine is in a particular grade. Time-in-service is the number of months completed of service as determined by a member's armed forces active duty base date (AFADBD).
TIG/ TIS for promotion
GYSGT -3 yrs/ 6 yrs N/A/ 6yrs
SSGT -27 m/ 4 yrs N/A/ 4 yrs
SGT -12 m/ 24 m N/A/ 18 m
CPL -12 m/ 12 m N/A/ 6 m
LCPL -8 m/ 9 m N/A/ NONE
PFC -6 m/ 6 m N/A/ NONE
For Marines to be eligible for promotion, they must meet certain standards and criteria established by the Marine Corps. A Marine that may be otherwise eligible for promotion will not be promoted if he or she is in a promotion-restricted status. Listed below are some of the categories that put Marines in a promotion-restricted status.
•While found to be outside the established height, weight, or body fat standards, during the evaluation process, or pending assignment or assigned to the military appearance program (MAP) or body composition program (BCP)
•After failure of the Marine Corps physical fitness test (PFT) or Marine Corps combat fitness test (CFT) (This restriction remains in effect until the Marine passes a PFT/CFT.)
•While pending court-martial or nonjudicial punishment (NJP)
•Within three months of date awarded NJP
•When not recommended for reenlistment (reenlistment code RE-4/4B)
•While attending mandatory rehabilitation for any domestic violence or child abuse offense
PROMOTION RESTRICTIONS cont.
Listed below are additional categories that put Marines in a promotion-restricted status.
•While in a probationary status as a result of NJP under the authority of Article 15 of the uniform code of military justice (UCMJ), where any portion of the punishment is suspended
•Within three months of punitive or administrative reduction to private or private first class as a result of a competency review board (CRB)
•Within six months of punitive or administrative reduction to lance corporal or corporal as a result of a CRB
•Within twelve months of conviction by military or civil authorities of driving under the influence (DUI) or driving while intoxicated (DWI)
•Within eighteen months of date confirmed distribution, use, or possession of illegal drugs
WHAT IS A COMPOSITE SCORE?
Promotion to corporal and sergeant is based on overall performance competition among Marines of the same grade and MOS. The overall performance of lance corporals and corporals is determined by a composite score.
A composite score is a mathematical calculation of certain data elements reported on the unit diary and used as a measuring factor for Marine Corps-wide comparison of Marines within a given grade and MOS. The 10 data elements used to determine an eligible Marine's composite score are listed here.
AUTOMATIC COMPUTATION OF COMPOSITE SCORES
The Marine Corps controls the number of Marines selected for promotion to corporal and sergeant through the use of the automated composite score system. Composite score data elements must be input via unit diary entry by the data element cutoff date for each promotion quarter.
Quarterly, the Marine Corps automatically calculates the composite scores of Marines who are eligible and have been recommended for promotion. A Marine's composite score is in effect for the entire promotion quarter.
ACCURATE & TIMELY ENTRIES
Composite scores generated by the system are only as accurate as the information entered into MCTFS. It is imperative that commands enter accurate information in a timely manner. Composite score data element entries that are made after the data element cutoff date will not be used when composite scores are computed for the upcoming promotion quarter.
PROMOTION CUTTING SCORES
Monthly, the Marine Corps determines the number of new corporals and sergeants that will be needed based upon the number of vacancies that exist throughout the Marine Corps within each MOS. With this information, each month the Marine Corps generates and publishes a cutting score for each MOS.
A cutting score is the minimum composite score that a Marine must have for his or her MOS to be selected for promotion to either corporal or sergeant.
Each MOS will have a cutting score for promotion to corporal and a separate cutting score for promotion to sergeant.
Reserve Marines are promoted the first month of each promotion quarter. Their composite scores are computed only for the first month of each promotion quarter.
IS REGULAR PROMOTION TO CPL OR SGT BEFORE REACHING THE REQUIRED TIME-IN-GRADE POSSIBLE?
When composite scores are automatically calculated, points for TIG and TIS include all months through the end of the promotion quarter. Effective 1 April 2016, a lance corporal or corporal will be required to have at least 12 months TIG to be selected for promotion to corporal or sergeant, respectively. Composite scores are calculated quarterly for all Marines who will have met the TIG requirement by the end of the upcoming promotion quarter. However, a lance corporal or corporal will not be eligible for promotion selection any month within the quarter until the 12 months TIG requirement is met.
CUTTING SCORES GO UP AND DOWN
Although a Marine's composite score remains the same for the entire promotion quarter, cutting scores adjust to the number of vacancies. Therefore, cutting scores may drop each month of the promotion quarter to promote to the actual number of vacancies. It is possible that a Marine without the required composite score for promotion during the first month of the quarter may be selected during the second or third month of the quarter since the cutting score is recomputed each month based on vacancies. CAUTION: With regular promotions, the Marine will not be eligible for promotion selection until he or she has met the TIG requirement.
The Promotion System Quiz
Which of the following are objectives of the promotion system? Select all that apply.
Your answer (correct): To maintain the needed strength in each grade and MOS,To ensure all eligible Marines receive an equitable opportunity to compete for promotion
What are the types of promotions? Select all that apply.
Your answer (correct): Regular,Meritorious
Promotion to which of the following ranks does not require a Marine to have a composite score? Select all that apply.
Correct answer: To PFC,To LCpl
What is the minimum time-in-grade requirement for regular promotion to lance corporal?
Correct answer: 8 months
Which of the following are promotion restrictions that prevent a Marine from being promoted? Select all that apply.
Your answer (correct): While pending a court-martial or nonjudicial punishment,When not recommended for reenlistment,While outside of the established height, weight, or body fat standards—pending assignment or assigned to the body composition program
A partially completed composite score worksheet is provided. What is the composite score of 21-year-old Corporal Brown who scored a 282 on the rifle range, completed a PFT with a score of 240, completed a CFT with a score of 290, completed two MarineNet/MCI courses, and completed three college courses?
Your answer (correct): 1562
NEGATIVE CONSEQUENCES OF MISCONDUCT
Noncommissioned officers (NCOs) play an essential role in developing their Marines and maintaining good order and discipline. If NCOs fail in this role, the resulting misconduct by their Marines can lead to negative consequences.
Some Negative Consequences:
•Conduct marks reduced
•Adverse page 11 entry
•Nonjudicial punishment (NJP)
•Reenlistment application denial
•Eligibility for Marine Corps good conduct medal
•Eligibility for special duty assignments
•Eligibility for a security clearance
•Early separation from the Marine Corps
•Poor characterization upon discharge and loss of benefits
•Reduced opportunity for employment in the civilian sector
•Superiors and subordinates lose confidence in you
WHAT IS THE UCMJ? (MILITARY LAW)
The Uniform Code of Military Justice, or UCMJ, is legislation that is contained in Title 10 of the United States Code, sections 801 through 946. It is the military's criminal code. The UCMJ is essentially a complete set of criminal laws; in other words, it is military law.
The UCMJ covers many crimes punished under civilian law (e.g., murder, rape, drug use, larceny, etc.), but it also punishes other conduct that affects good order and discipline in the military. The UCMJ covers "unique military crimes" that include offenses such as desertion, absence without leave, disrespect towards superiors, failure to obey orders, dereliction of duty, wrongful disposition of military property, drunk on duty, malingering, and conduct unbecoming of an officer.
PURPOSE OF MILITARY LAW/UCMJ
The purpose of military law or the UCMJ is to promote justice, to assist in maintaining good order and discipline in the armed forces, and to promote efficiency and effectiveness in the military establishment.
PERSONS SUBJECT TO THE UCMJ
The UCMJ applies to military personnel, whether active, reserve, or retired, and to cadets and midshipmen attending military academies. Article 2 of the UCMJ lists thirteen categories of individuals that are subject to the UCMJ.
OPTIONS TO DISPOSE OF OFFENSES
Military commanders have a variety of methods available to enforce good order and discipline within a unit. These options range from no action to administrative or nonpunitive measures, to punitive measures.
As a noncommissioned officer (NCO), it is important to understand the legal tools available at your level to help maintain good order and discipline. These tools include:
•Extra military instruction (EMI)
•Recommend an adverse page 11 entry
•Submit charge sheet
PURPOSE OF COUNSELING
The purpose of counseling is to help a junior Marine achieve or maintain the highest possible level of performance and to correct deficiencies.
_AN NCO'S RESPONSIBILITY
NCOs should contribute to the maintenance of discipline by personal example of behavior and performance, and by personal supervision of the persons under their charge. To this end, NCOs may use nonpunitive measures of correction that include counseling. Always attempt to resolve infractions at the lowest level possible. Depending on the situation and infraction, counseling should be the first step taken to correct a deficiency.
When counseling has been conducted without an improvement in conduct or performance, proceed with other measures.
As an NCO, you are the first link in the chain of authority, and as such you are in the best position to judge actions and offer guidance.
ADMINISTRATIVE SEPARATION COUNSELING (6105) ENTRY
The administrative separation counseling, or 6105, and adverse page 11 entries are very similar; however, the 6105 entry must:
•Give written notification of the deficiency or impairments.
•Provide specific recommendations for corrective action, indicating any available assistance.
•Give a reasonable opportunity for the Marine to undertake the recommended corrective action.
•Provide a comprehensive explanation of the consequences of failure to take the corrective action.
•Be recorded in a page 11 entry giving the Marine opportunity for rebuttal.
If any of the above elements are missing, then the entry is considered to be a page 11 entry vice a 6105.
EXTRA MILITARY INSTRUCTION LIMITATIONS
The EMI assigned must be related to the individual's deficiency and must be conducted within the following limitations:
•EMI will not be conducted for more than 2 hours per day.
•EMI will not be conducted over a period of time that is longer than necessary to correct the deficiency.
•EMI should not be conducted on the Marine's Sabbath.
•EMI will not be used for the purpose of depriving the Marine of normal liberty.
•Authority to assign EMI to be performed during normal working hours is not limited to any particular grade.
•Authority to assign EMI to be performed after normal working hours is vested in the CO or OIC. Such authority may be delegated, as appropriate, to officers and noncommissioned officers in connection with their duties and responsibilities.
•EMI conducted outside normal working hours should be conducted either immediately before or after the Marine's workday. However, the CO or OIC may direct EMI at a different reasonable time.
ADVERSE PAGE 11
Per the Individual Records Administration Manual (IRAM), the administrative remarks page of a Marine's service record book is used to make required administrative entries and is also used by commanders to document an event in a Marine's career for which no other method of recording exits. These administrative remarks or "page 11 entries" become a permanent part of a Marine's military history.
If a page 11 entry contains material that reflects unfavorably upon a Marine or is derogatory about a Marine's conduct or performance, then it is considered to be adverse. Per the IRAM, if a page 11 entry is adverse, the Marine must have an opportunity to contest, explain, or rebut the entry by a statement. If the Marine elects to write a statement, the Marine will have five working days after referral of the entry to submit a statement for inclusion in the Marine's service record.
ADMINISTRATIVE WITHHOLDING OF PRIVILEGES
As a corporal, you are not allowed to withhold privileges; however, you can recommend to the CO that these actions be taken. A privilege is a benefit, advantage, or favor provided for the convenience or enjoyment of an individual. Final authority to withhold a privilege rests with the level of authority empowered to grant that privilege.
Privileges that can be temporarily withheld are:
•Exchange of duty
•Special command programs
•Access to base or ship libraries or movies
•Access to enlisted or officers' clubs
•Access to commissary and/or exchange
•Base or ship special services events
•Withholding of special pay
Censure is a statement of adverse opinion or criticism of an individual's conduct or performance of duty expressed by a senior Marine in the member's chain-of-command. Nonpunitive censure may be done orally, but often it is in writing and is commonly referred to as a nonpunitive letter of caution (NPLOC). A NPLOC is not considered punishment; rather, the letter is issued to remedy a noted deficiency in conduct or performance of duty.
Military Justice System Quiz
What is the purpose of military law or the UCMJ?
Your answer (correct): To promote justice and to assist in maintaining good order and discipline
Nonpunitive measures or options that are available to commanders include which of the following? Select all that apply.
Correct answer: Nonpunitive censure,Extra military instruction
What is the purpose of extra military instruction?
Your answer (correct): To improve the efficiency of an individual through the correction of a deficiency
Which of the following are limitations associated with conducting extra military instruction (EMI)? Select all that apply.
Your answer (correct): EMI will not be conducted over a period of time that is longer than necessary to correct the deficiency.,EMI will not be conducted for more than 2 hours per day.,EMI may be assigned to be performed after normal working hours.
Which of the following are elements that must be included in an administrative separation counseling (6105) entry? Select all that apply.
Correct answer: Page 11 entry giving the opportunity to submit a rebuttal (written statement that contests or explains),Comprehensive explaination of the consequences of failure to correct deficiencies
ARTICLE 15: COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT (NJP)
NJP is a disciplinary measure that is more serious than the administrative or nonpunitive measures but less serious than trial by court-martial. NJP is often conducted for minor offenses and is usually appropriate when more severe punishments at court-martial are not necessary. NJP provides commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in Service members without the stigma of a court-martial conviction.
As an NCO, it is your responsibility to make recommendations concerning NJP to the commander and to write a charge sheet of UCMJ violations if needed.
STANDARD OF PROOF AT NJP
"Office hours" is not a criminal trial; it is a disciplinary proceeding. Its purpose is to determine whether an offense was committed by the member and, if appropriate, to impose punishment. Such punishment is designed for minor misconduct, without a record of "federal conviction." As such, the standard of proof by which facts must be established at office hours is a "preponderance of the evidence," rather than "beyond a reasonable doubt," as it is at a court-martial.
RIGHTS OF ACCUSED AT NJP
If the accused accepts NJP, the member then has the right to appear before the CO at the hearing. Other rights of the accused at NJP include:
•To remain silent, anything you say or submit may be used against you
•To be accompanied by a spokesperson provided by you
•To examine evidence (documents or objects) against you
•To present matters in defense, extenuation, and mitigation either orally or in writing
•To have witnesses attend the proceeding
•To have the proceedings open to the public
•To refuse nonjudicial punishment
•To demand trial by court-martial vice nonjudicial punishment
•To appeal on the grounds the punishment was unjust or was disproportionate to the offense(s)
AUTHORIZED NONJUDICIAL PUNISHMENTS
During an NJP proceeding, if the commander determines that the accused committed an offense, then Article 15 of the UCMJ allows these types of punishments:
•Admonition or reprimand - punitive form of censure administered orally or in writing
•Confinement - on bread and water or diminished rations, only imposed on E-3s and below attached to or embarked on a vessel
•Correctional custody - rehabilitative tool for E-3 and below, often served in a confinement facility with extra duties and hard labor
•Extra duties - performance of duties in addition to those normally assigned, not more than two hours per day and not on Sabbath
•Restriction - deprivation of liberty, often restricts a Marine to the limits of work, barracks, messing, and worship
•Forfeiture of pay - permanent loss of a portion of pay
•Reduction in grade - may reduce if the grade demoted from is within the promotion authority of the officer imposing reduction
DEMAND TRIAL BY COURT-MARTIAL VICE NJP
Before the imposition of nonjudicial punishment, the accused has the right to demand trial by court-martial in lieu of nonjudicial punishment. This does not apply to persons attached to or embarked in a vessel.
If the accused refuses nonjudicial punishment, charges may be referred for trial by summary, special, or general court- martial.
RIGHT TO APPEAL NJP
After nonjudicial punishment is imposed, if the Marine feels the punishment is unjust or is disproportionate to the offense, then the Marine has the right to appeal to the next superior authority. The appeal must be submitted in writing and within a reasonable time—normally five working days.
If unable to submit within five working days, then the Marine must advise the officer imposing punishment of the circumstances and request an extension.
•Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. It consists of one commissioned officer. You may refuse trial by summary court-martial. If you refuse, the case may be referred to a special, or general court-martial.
•The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial.
•For E-4 and below the maximum is confinement for 1 month, 45 days hard labor without confinement, or 60 days restriction; forfeiture of two-thirds pay for 1 month; and reduction to the lowest pay grade.
•A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. The accused may also request trial by judge alone.
•The maximum punishment is a bad conduct discharge, confinement for 12 months, forfeiture of two-thirds pay per month for 12 months, and reduction to the lowest pay grade.
•A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. An accused enlisted Marine may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, the accused may also request trial by judge alone.
•In a general court-martial, the maximum punishment is established for each offense under the Manual for Courts-martial, and may include death (for certain offenses), confinement, forfeiture of all pay and allowances while confined, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment.
Before the commander can impose NJP or refer an offense for trial by court-marital, a charge sheet must be drafted and signed. Most units have their own version of a charge sheet which requires the information found on DD form 458. The basic information on a charge sheet should include:
Note that the signer of the charge sheet must have personal knowledge of or investigated the matters set forth in the charges and specifications.
PUNITIVE ARTICLES OF THE UCMJ
If you need to write a charge sheet, you will need to be familiar with the punitive articles—Articles 77 through 134—of the UCMJ found in Part IV of the Manual for Courts-martial. Some of the punitive articles include:
•Article 86 - Absence without leave
•Article 89 - Disrespect toward a superior commissioned officer
•Article 90 - Assaulting or willfully disobeying a superior commissioned officer
•Article 91 - Insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer
•Article 92 - Failure to obey an order or regulation
•Article 107 - False official statements
•Article 112a - Wrongful use, possession, manufacturing, r distribution of controlled substances
•Article 120 - Rape, sexual assault, and other sexual misconduct
•Article 121 - Larceny and wrongful appropriation
•Article 128 - Assault
•Article 134 - General article: any act that is contrary to good order and discipline or brings discredit upon the Armed Forces
THIS SET IS OFTEN IN FOLDERS WITH...
Corporals Course- Communication
Corporal's Course (Leadership II)
Corporal's Course (Tactical Planning)
Corporals Course Operations