CLASSIFICATION: UNCLASSIFIED// ROUTINE R 081906Z NOV 23 MID120000611051U FM SECNAV WASHINGTON DC TO ALNAV INFO SECNAV WASHINGTON DC CNO WASHINGTON DC CMC WASHINGTON DC BT UNCLAS ALNAV 091/23 MSGID/GENADMIN/SECNAV WASHINGTON DC/-/NOV// SUBJ/UPDATED POLICIES GOVERNING ARTICLE 15, THE UNIFORM CODE OF MILITARY JUSTICE PROCEEDINGS// REF/A/DOC/MCM/15SEP23// REF/B/DOC/JAGINST 5800.7G CH-1/14FEB22// NARR/REF A IS THE MANUAL FOR COURTS-MARTIAL. REF B IS JAGINST 5800.7G CH-1 MANUAL FOR JUDGE ADVOCATE GENERAL// RMKS/1. Leaders at all levels bear responsibility for properly and effectively maintaining unit discipline while safeguarding the rights of all in their charge. Fairly and consistently administering discipline through Non-Judicial Punishment (NJP) proceedings has long ensured our ability to maintain good order and discipline. As we rise to meet current challenges by operating at the highest levels of warfighting preparedness, NJP needs to maintain its value as a tool for Commanders, Commanding Officers, and Officers in Charge ("Commanders") at sea and ashore to ensure unit effectiveness and readiness by swiftly addressing minor misconduct regardless of where the unit operates. As a learning organization, we must continue to self-assess, evaluate our strengths and weaknesses, and adjust policy when necessary to ensure guidance is clear and implementation meets our goals and intent. 2. To that end, this All Navy (ALNAV) message clarifies the definition of when a vessel is operational to ensure Commanders continue to apply Article 15 vessel exception fairly, consistently, and justly. This ALNAV also directs providing additional consultation opportunities for an accused prior to all NJP proceedings regardless of whether the vessel exception applies. 3. Effective immediately, the following policies apply to Article 15, Uniform Code of Military Justice (UCMJ) NJP proceedings within the Department of the Navy (DON): a. Vessel Exception. Service Members have the right to refuse NJP and demand trial by court-martial unless they are attached to or embarked in a vessel. Determining whether a Service Member subject to NJP proceedings is attached to or embarked in a vessel (e.g., ship or submarine) - such that this "vessel exception" to Article 15 applies - requires analyzing the totality of the circumstances with a focus on the accused's relationship to the command and the operational status of the vessel. (1) Commanders of vessels, or units with personnel attached to (or embarked in) a vessel, may only invoke Article 15 vessel exception when, at the time NJP is imposed, a vessel is operational. For these purposes, a vessel is considered non-operational when, per the Optimized Fleet Response Plan, the vessel is in the Maintenance and Modernization Phase (e.g., major shipyard or depot-level repairs, refueling for nuclear powered vessels, upgrades, force reconstitution, or platform modernization), in a pre- commissioning status, or otherwise designated as not operational by a higher authority. The Maintenance and Modernization Phase includes time before and after the depot availability that the vessel is unavailable for tasking and training such as "smart start" or post-availability testing and trials in the case of conventional surface ships. (2) In all other phases, a vessel is considered operational unless higher authority specifically designates otherwise. Unwarranted invocation of the vessel exception is grounds to appeal NJP as unjust per paragraph 7 of Part V of reference (a). b. Consultation Requirements. These apply to all Article 15 NJP proceedings including those in which the vessel exception applies. (1) Pre-NJP Consultation for the Accused. Prior to NJP, Commanders shall fully advise any accused of all applicable legal rights and afford the accused opportunity to consult with military defense counsel when operationally feasible and such consultation can occur via any appropriate means of communication within a reasonable amount of time. Consultation is "operationally feasible" when taking reasonable steps to allow for it would: (1) not preclude accomplishment of a military order or objective; and (2) not compromise safety. (2) Post-NJP Consultation for the Accused. All accused upon whom NJP has been imposed shall have a right to consult with counsel concerning available opportunities to appeal and whether such opportunities should be pursued. (3) Commanders should receive appropriate training on Article 15, UCMJ. Such training may be accomplished through the normal command training pipeline or as otherwise directed by their NJP appellate review authority. 4. I direct the Judge Advocate General of the Navy to update reference (b) to reflect these policy changes. Until then, this ALNAV controls. Consistent with this ALNAV, type commanders may issue supplemental guidance to subordinate Commanders with regard to the vessel exception's applicability to specific circumstances unique to their vessels. Commanders should consult with their assigned judge advocate when they have any questions regarding this policy or its implementation. Navy Commanders may also consult with a servicing Region Legal Service Office. Commanders and their legal support providers must maintain currency on NJP requirements and the rights of Service Members. General court-martial convening authorities shall ensure compliance with these updated policies via their NJP appellate review authority. 5. The DON remains committed to the principle of keeping faith with all who serve. Fair and consistent administration of justice for those subject to NJP protects Service Member rights while ensuring the maintenance of good order and discipline. Our Sailors and Marines deserve nothing less, and our Nation expects nothing less. 6. Released by the Honorable Carlos Del Toro, Secretary of the Navy.// BT #0001 NNNN CLASSIFICATION: UNCLASSIFIED//