Arrest by Civil Authorities
When a commander learns that a member of his/her command is being held by civilian authorities or is charged with a criminal offense, the commander should take prompt action:
Contact the civilian authorities, inform them the person is a military member, and seek information about the facts and circumstances leading to the criminal charge(s).
If possible, make arrangements for the member’s return to military control.
When a military member commits an offense on base in violation of both state and military law, the member is subject not only to prosecution by the state, but also the military. While permissible, military and civilian authorities normally consult to determine who will prosecute the offense(es).
Department of Defense policy is to request criminal jurisdiction from applicable civilian authorities for any offenses punishable under military law by servicemembers.
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DoD policy is to prevent alcohol abuse and alcoholism, to try to restore to effective functioning persons with problems attributable to the abuse of alcohol, and to ensure humane management and disposition of those who cannot be restored or who do not remain restored.
As a general rule, commanders may only present coins purchased with appropriated funds to reward military members and civilian employees for outstanding duty performance or to recognize unique achievements. Such coins may not be presented merely as gifts, mementos or tokens of appreciation. Commanders should keep a log briefly detailing the circumstances of each presentation.
The base commander has the primary responsibility of controlling commercial activities on the installation.
When commanders learn of derogatory information that involves a military member or civilian employee with access to classified information, the commander must report the information to the security manager and decide whether to suspend the member or employee's access.
The “Lautenberg Amendment” to the Gun Control Act makes it unlawful for “any person... who has been convicted of a misdemeanor crime of domestic violence” to ship, transport, possess, or receive firearms or ammunition in or affecting commerce.
Individuals do not have an inherent right of access to a military installation. Commanders may impose limitations on installation access.
An officer is vested with command by appointment or assumption.
Both appointment and assumption are based on seniority and may be temporary or permanent.
Military command includes legal authority over people (administrative control, or ADCON) and for the mission and resources (operational control, or OPCON).
The US Government contracts with public and private agencies and companies to provide supplies, services, research, construction and development of weapons and other systems.
The US Constitution gives Congress the authority to raise revenue, borrow funds, and appropriate the proceeds for federal agencies.
An administrative demotion is a tool for commanders to use to maintain a quality force.
Prior to the demotion, the commander must notify the member in writing of his intention to demote, citing the details of the reason(s) for the action. The member must be given an opportunity to consult with legal counsel and to respond to the allegations.
The selective reenlistment program (SRP) is designed to ensure only enlisted members who consistently demonstrate the capability and willingness to maintain high professional standards are offered the privilege of continued military service.
Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
Commanders and supervisors are encouraged to use administrative tools to encourage and correct individual behavior. Such tools include counseling, admonition and reprimand.
The intent is to correct rather than punish behavior.
Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
Commanders have the inherent authority to investigate any matter under their responsibility, unless otherwise limited or prohibited, for the purpose of furthering good order and discipline.
Commanders have an inherent authority to investigate matters under their command.
A Commander Directed Investigation, or CDI, is a tool to gather information regarding systemic problems or to look into matters involving individual conduct or responsibility.
Commanders are tasked with maintaining good order and discipline within their units.
In the military justice system, commanders have a quasi-judicial role in that they make decisions that are made by prosecutors or judges in the civilian sector.
Commanders must take a proactive approach to military legal requirements. This means establishing and enforcing high standards, and then ensuring that the members under your command are aware of those standards and properly trained to comply with them.
UCI occurs when a superior commander takes action that affects the subordinate commander's disposition of a case under the UCMJ, or that raises significant doubt about the fairness of the proceeding.
When a commander learns that a member of her command is being held by civilian authorities or is charged with a criminal offense, she should take prompt action.
