I know similar topics have been broached on this board. I will not name names, but rather give circumstances. My hope is to find out exactly how bad this person has damaged his career.
The situation is one of a first class making chief, getting through initiation, getting pinned and then getting busted. My understanding is that he was frocked, but his rank was not official.
This first class was busted for stealing refrigerators while working customs in Kuwait.
He was sent to Captains Mast. The presiding officer was in fact a full Captain.
Here is the question part: Exactly how severe can the punishment for this guy be? How many pay grades can be taken, and what other ramifications can occur?
I thank you in advance for your thoughtful responses.
(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of admonition or reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of his command--
(A) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
(B) if imposed by an officer exercising general court-martial jurisdictions or an officer of general flag rank in command--
(i) arrest in quarters for not more than 30 consecutive days;
(ii) forfeiture of not more than one-half of one month's pay per month for two months;
(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(iv) detention of not more than one-half of one month's pay per month for three months;
(2) upon other personnel of his command--
(A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;
(B) correctional custody for not more than seven consecutive days;
(C) forfeiture of not more than seven days' pay;
(D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(E) extra duties, including fatigue or other duties, for not more than 14 consecutive days;
(F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days' pay;
(H) if imposed by an officer of the grade of major or lieutenant commander, or above--
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive days;
(iii) forfeiture of not more than one-half of one month's pay per month for two months;
(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, by an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
(vii) detention of not more than one-half of one month's pay per month for three months.
Detention of pay shall be for a stated period of not more than one year but if the offender's term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement or bread and water or diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not bee combined with detention of pay without an apportionment. For the purpose of this subsection, "correctional custody" is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.
It all depends on how serious the offense was and what mood the presiding officer was in at the time. A really severe punishment could be reduction from frocked E-7 to E-4 (two paygrades down from actual paygrade of E-6) and then forfeiture of 1/2 month's pay for three months.
It all depends on how serious the offense was and what mood the presiding officer was in at the time. A really severe punishment could be reduction from frocked E-7 to E-4 (two paygrades down from actual paygrade of E-6) and then forfeiture of 1/2 month's pay for three months.
And even more severe if he is/was busted to E-4.
From HYT regs;
"C. E6 OR ABOVE SAILORS REDUCED IN RATE TO E4 OR BELOW ARE GOVERNED BY HIGH YEAR TENURE LIMITS OF THE NEW PAYGRADE. MEMBERS IN THIS CATEGORY WHO EXCEED HIGH YEAR TENURE LIMIT OF THE NEW PAYGRADE MAY CONTINUE TO SERVE ON ACTIVE DUTY, IF OTHERWISE ELIGIBLE, TO THE END OF ACTIVE OBLIGATED SERVICE. IF THE MEMBER EXCEEDS THE HIGH YEAR TENURE LIMIT OF THE NEW PAYGRADE AND DESIRES SEPARATION BEFORE THE END OF ACTIVE OBLIGATED SERVICE, A REQUEST MUST BE MADE TO COMNAVPERSCOM (PERS-4832) VIA THE MEMBER'S COMMANDING OFFICER.
SEPARATION IN THIS CATEGORY BETWEEN THE HIGH YEAR TENURE LIMIT OF THE NEW PAYGRADE AND THE END OF ACTIVE OBLIGATED SERVICE IS CONSIDERED INVOLUNTARY AND MAY ENTITLE THE MEMBER TO INVOLUNTARY SEPARATION PAY."
He will be fortunate if he isn't sent to a Courts-Martial....I would think, perhaps, a Special Courts-Martial, depending upon severity of the offense...This is where you go in to "Captain's Mast" and the CO announces that your case will be remanded to a Summary or Special Courts-Martial. It would be interesting to hear what happened at Mast......
Since I retired in 1974 the Navy has really changed a lot. Especially the position of Chief but, that's another story.
Even with all the changes, I can't imagine him getting off with just a Captains Mast. The key things that struck me was "refrigerator(S) as in more then one and, he was working customs.
Sounds like an excellant case that deserves a Special Court Martial.
He might have walked on water but, he made a cess pool out of it.
I agree with ojreef, the operative words here are 1) stealing 2) refrigerator(s)--i.e. more than one 3) refrigerators aren't cheap $$$$$ 4) A first class petty officer frocked to Chief...I'm not liking the picture here
