(CAPTAIN'S MAST)
ACCUSED'S NOTIFICATION AND ELECTION OF RIGHTS
ACCUSED NOT ATTACHED TO OR EMBARKED IN A VESSEL
RECORD MAY BE USED IN AGGRAVATION IN EVENT OF LATER COURT-MARTIAL
(See JAGMAN 0109)

Notification and election of rights concerning the contemplated imposition of nonjudicial punishment in the case of , SSN , assigned or attached to .

NOTIFICATION

1. In accordance with the requirements of paragraph 4 of Part V, MCM, (1995 Ed.), you are hereby notified that the commanding officer is considering imposing nonjudicial punishment on you because of the following alleged offenses:

2. The allegations against you are based on the following information:

3. You have the right to refuse imposition of nonjudicial punishment. If you refuse nonjudicial punishment, charges could be referred for trial by court-martial by summary, special, or general court-martial. If charges are referred to trial by summary court-martial, you may be not be tried by summary court-martial over your objection. If charges are referred to a special or general court-martial you will have the right to be represented by counsel. The maximum punishment that could be imposed if you accept nonjudicial punishment is:

** 60 days restriction or, if combined with extra duties, 45 days restriction;
** 45 days extra duties;
** forfeiture of one-half pay per month for two months;
** reduction to the next inferior pay grade; and
** reprimand (orally or in writing)

4. If you decide to accept nonjudicial punishment, you may request a personal appearance before the commanding officer or you may waive this right.

a. Personal appearance waived. If you waive your right to appear personally before the commanding officer, you will have the right to submit any written matters you desire for the commanding officer's consideration in determining whether or not you committed the offenses alleged, and, if so, in determining an appropriate punishment. You are hereby informed that you have the right to remain silent and that anything you do submit for consideration may be used against you in a trial court-martial.

b. Personal appearance requested. If you exercise your right to appear personally before the commanding officer, you shall be entitled to the following rights at the proceeding:

(1) To be informed of your rights under Article 31(b), UCMJ;

(2) To be informed of the information against you relating to the offenses alleged;

(3) To be accompanied by a spokesperson provided or arranged for by you. A spokesperson is not entitled to travel or similar expenses, and the proceedings will not be delayed to permit the presence of a spokesperson. The spokesperson may speak on your behalf, but may not question witnesses except as the commanding officer may permit as a matter of discretion. The spokesperson need not be a lawyer;

(4) To be permitted to examine documents or physical objects against you that the commanding officer has examined in the case and on which the commanding officer intends to rely in deciding whether and how much nonjudicial punishment to impose;

(5) To present matters in defense, extenuation, and mitigation orally, in writing, or both;

(6) To have witnesses attend the proceeding, including those that may be against you, if their statements will be relevant and they are reasonably available. A witness is not reasonably available if the witness requires reimbursement by the United States for any cost incurred in appearing, cannot appear without unduly delaying the proceedings, or if a military witness, cannot be excused from other important duties; and

(7) To have the proceedings open to the public unless the commanding officer determines that the proceedings should be closed for good cause. However, this does not require that special arrangements be made to facilitate access to the proceeding.

5. In order to help you decide whether or not to demand trial by court-martial or to exercise any of the rights explained above should you decide to accept nonjudicial punishment, you may obtain the advice of a lawyer prior to any decision. If you wish to talk to a lawyer, a military lawyer will be made available to you, either in person or by telephone, free of charge, or you may obtain advice from a civilian lawyer at your own expense.

ELECTION OF RIGHTS

6. Knowing and understanding all of my rights as set forth in paragraph 1 through 5 above, my desires as follows:

Lawyer. (Check one or more, applicable)

I wish to talk to a military lawyer before completing the remainder of this

form.

I wish to talk to a civilian lawyer before completing the remainder of this

form.

I hereby voluntarily, knowingly, and intelligently give up my right to talk to

a lawyer.

(Signature of witness)
(Signature of accused)

(Date)

(Note: If the accused wishes to talk to a lawyer, the remainder of this form shall not be completed until the accused has been given a reasonable opportunity to do so.)

I talked to

a lawyer, on

(Signature of witness)
(Signature of accused)

(Date)

Right to refuse nonjudicial punishment. (Check one)

I refuse nonjudicial punishment.

I accept nonjudicial punishment. I understand that acceptance of nonjudi-

cial punishment does not preclude further administrative action against me.

This may include being processed for an administrative discharge which

could result in an other than honorable discharge.

(Note: If the accused does not accept nonjudicial punishment, the matter should be submitted to the commanding officer for disposition.)

Personal appearance. (Check one)

I request a personal appearance before the commanding officer.

I waive a personal appearance. (Check one)

I do not desire to submit any written matters for consideration.

Written matters are attached.

(Note: The accused's waiver of personal appearance does not preclude the commanding officer from notifying the accused, in person, of the punishment imposed.)

Elections at personal appearance. (Check one or more)

I request that the following witnesses be present at my nonjudicial

punishment proceeding:

I request that my nonjudicial punishment proceeding be open to the public.

(Signature of witness)
(Signature of accused)

(Name of witness)
(Name of accused)

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