Officers may be separated for substandard duty performance, misconduct, or other adverse information in their record.
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Enlisted administrative separations may be favorable (e.g. retirement or honorable separation at the end of an enlistment) or unfavorable (e.g. separations based on misconduct or unsatisfactory performance), and either voluntary (initiated by servicemember) or involuntary (initiated by commander).
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The US Government contracts with public and private agencies and companies to provide supplies, services, research, construction and development of weapons and other systems.
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The US Constitution gives Congress the authority to raise revenue, borrow funds, and appropriate the proceeds for federal agencies.
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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.
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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.
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Military services investigate accidents to determine the facts and causes in order to prevent future accidents, to assess liability, and to initiate corrective actions.
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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.
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Naval commanders conduct investigations in accordance with the Manual of the Judge Advocate General (JAGMAN).
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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.
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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.
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Sexual assault is intentional sexual contact, characterized by use of force, physical threat or abuse of authority or when the victim does not or cannot consent. It includes rape, nonconsensual sodomy (oral or anal sex), indecent assault (unwanted, inappropriate sexual contact or fondling), or attempts to commit these acts.
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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.
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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.
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“Unprofessional relationships” is a term used to describe personal interaction that results in or reasonably creates the appearance of favoritism, misuse of position or authority, or the abandonment of organizational goals for personal interests.
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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.
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Pretrial agreements are agreements between the accused and the convening authority that may affect reduction in rank; length of confinement; and amount of forfeitures, among other terms.
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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.
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Pretrial restraint includes:
Conditions on liberty
Restriction in lieu of arrest
Arrest
Pretrial confinement
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