USMC Sergeants Course

E-2

E-3

E-4

E-5

E-6

E-7

E-8

E-9

E-9

Is to provide a framework of law that promotes good order and discipline and provides a means for the adjudication of offenses

7

Non-Judicial punishment; Summary Court-martial; Special Court-martial; General Court-martial; Court of military Review; United States Court of Military Appeals; United States Supreme Court

Extra military instruction; Administrative withholding of privileges; Non-punitive censure

Correct a deficiency in an individuals performance of duty.

Special liberty; Exchange of duty; Special command programs; Access to base or ship libraries and movies; Access to enlisted or officers' clubs, commissary, and/or exchange; Base parking; Base or ship special services events; Withholding of special pay

The Marine and the person who issued it.

Identification of conduct or performance of duty deficiency; Direction for improvement; Language of admonishment; Identification of sources for assistance; Outline of corrective action; Consequences of failing to correct a deficiency

If it is missing any one of the below; Give written notification of the deficiency.; Recommend corrective action, and indicate assistance available.; Give a comprehensive explanation of what will happen if the problem is not corrected.; Include language concerning a Marine's right to submit a rebuttal statement.; Be recorded in a page 11 entry and signed by the commanding officer.

True

The counseling has occured.

You agree with the content.

Minor

The nature of the offense; Service member's record; Effect of NJP on the service member and their record; Need for good order and discipline; Deterrent effect of the NJP on other members of the command

Article 15

Commander can impose; NCO needs to recommend

Platoon Sgt.

Article 86 - Absence without leave; Article 89 - Disrespect toward a superior commissioned officer; Article 90 - Assaulting or willfully disobeying a superior commissioned officer; Article 91 - Insubordinate conduct toward a warrant officer, noncommissioned officer, or petty officer; Article 92 - Failure to obey an order or regulation; Article 112a - Wrongful use, possession, manufacturing, or distribution of controlled substances; Article 120 - Rape, sexual assault, and other sexual misconduct; Article 121 - Larceny and wrongful appropriation; Article 134 - General article: Any act that is contrary to good order and discipline or brings discredit; upon the armed forces

DD Form 458

Name; Rank; Last four digits of SSN; Unit of the accused; Short narrative of the violation

Commanding officer

The nature of the offense and the surrounding circumstances; The offender's age, rank, duty assignment, record, and experience; Maximum sentence imposable if tried by a general court-martial

Aboard a naval vessel

Before the commanding officer announces the punishment.

Decide if to refer the charges to a court martial

Testimony or documentation that establishes circumstances that explain the offense

Include testimony or documentation which establishes circumstances that may make an offense less serious.

Forms of censure that adversly reflect on a person's conduct

Orally or in writing

⁻Admonishment and Repremand; ⁻Restriction; ⁻Arrest in quarters; ⁻Correctional custody; ⁻Confinement; ⁻Extra Duties; ⁻ Reduction in grade; ⁻Forfeiture of pay

Individuals who are embarked on or attached to a vessel.

grade or position

E-6 in the Marine Corps

6Months

Reduction in either quantity or quality of punishment

Unexecuted or unserved portion of the punishment is cancelled.

Article 15

Name; Rank; Last four digits of SSN; Unit of the accused; Short narrative of the violation

Take no action.; Take administrative action (page 11 entry, 6105 entry).; Impose NJP.; Refer the case to a court-martial.

The nature of the offense and the surrounding circumstances; The offender's age, rank, duty assignment, record, and experience; Maximum sentence imposable if tried by a general court-martial

All Marines applying for reenlistment must have a minimum proficiency and conduct mark average of 4.0/4.0 during the current enlistment contract and extensions to that contract.; The reference is MCO 1040.31, Enlisted Retention and Career Development Manual

As special duty and independent duty assignments involve demanding duties or duties with an unusual degree of responsibility, Marines must meet special requirements which include minimum proficiency and conduct marks.; Marine Recruiter Duty: Corporals applying for recruiting duty must have a minimum 4.6/4.6 Proficiency/Conduct mark average.; Marine Security Guard Duty: Marine security guard applicants must have a minimum 4.2/4.2 Proficiency/Conduct mark average.; Independent Duty: Marines going on independent duty must have a minimum 4.4/4.4 Proficiency/Conduct mark average.; The reference is MCO P1326.6D, Selecting, Screening, and Preparing Enlisted Marines for Special Duty Assignments and Independent Duties.

Marines in the grades of corporal (Cpl) and sergeant (Sgt) are required to exercise an ever-increasing degree of maturity, leadership, and professionalism. Consequently, no Marine will be promoted to Cpl or Sgt who has not positively demonstrated the potential, motivation, and maturity to satisfactorily discharge the duties of a small-unit leader. Therefore, it is even more critical to ensure that a commander's recommendation concerning a Marine's promotion to Cpl or Sgt is a thoughtful, deliberate decision.; Each Marine recommended for promotion must be worthy of the title "noncommissioned officer." Marines should be recommended for promotion to Cpl or Sgt only after demonstrating they are worthy of the next higher grade.

The Marine Corps controls the number of Marines promoted to corporal through the use of the composite scores of lance corporals. Composite scores are only computed for lance corporals who will meet eligibility requirements by the end of a promotion quarter.; A lance corporal will be considered eligible for promotion if he or she will have 12 months TIG and 12 months TIS by the end of the promotion quarter and has completed the required PME.; An eligible lance corporal recommended for promotion by his or her commander may only be promoted once they have met the TIG requirement and have a composite score that meets or exceeds the published cutting score for their MOS.; PME Requirement:; Leading Marines Distance Education Program (EPME3000AA) and command-sponsored Lance Corporals Leadership and Ethics Seminar

The Marine Corps controls the number of Marines promoted to sergeant through the use of the composite scores of corporals. Composite scores are only computed for corporals who will meet eligibility requirements by the end of a promotion quarter.; A corporal will be considered eligible for promotion if he or she will have 12 months TIG and 24 months TIS by the end of the promotion quarter and has completed the required PME.; An eligible corporal recommended for promotion by his or her commander may only be promoted once they have met the TIG requirement and have a composite score that meets or exceeds the current cutting score for their MOS.; PME Requirement:; Corporals Course Distance Education Program (EPME4000AA); and command-sponsored Corporals Course

To eliminate the requirement for commanders to manually determine the eligibility of Marines by TIG or TIS, and to reduce the number of late promotions because of administrative oversight, the Marine Corps Total Force System (MCTFS) automatically identifies eligible personnel.

In combination with the automated process, commanders must decide whether their personnel are recommended for regular promotion. By the 15th of the month prior to the effective date of promotion, the commander must post a "NOT REC PROM" (not recommended for promotion) entry for any private through corporal that they do not recommend for promotion. For privates and private first class Marines, this entry prevents the MCTFS from posting a "select grade" of E2 or E3 respectively and they will not be promoted. For lance corporals and corporals, this entry prevents their composite scores from being calculated so these Marines should not receive a "select grade" of E4 or E5 respectively and they will not be promoted.

Monthly, the Marine Corps determines the number of new corporals and sergeants that will be needed based upon the number of vacancies that exist throughout the Marine Corps within each MOS. With this information, each month the Marine Corps generates and publishes a cutting score for each MOS.; A cutting score is the minimum composite score that a Marine must have for his or her MOS to be selected for promotion to either corporal or sergeant.; Each MOS will have a cutting score for promotion to corporal and a separate cutting score for promotion to sergeant.; Reserve Marines: are promoted the first month of each promotion quarter. Their composite scores are computed only for the first month of each promotion quarter.

Nonjudicial punishment; Summary court-martial; Special court-martial; General court-martial

"Office hours" is not a criminal trial; it is a disciplinary proceeding. Its purpose is to determine whether an offense was committed by the member and, if appropriate, to impose punishment. Such punishment is designed for minor misconduct, without a record of "federal conviction." As such, the standard of proof by which facts must be established at office hours is a "preponderance of the evidence," rather than "beyond a reasonable doubt," as it is at a court-martial.

If the accused accepts NJP, the member then has the right to appear before the CO at the hearing. Other rights of the accused at NJP include:; To remain silent, anything you say or submit may be used against you; To be accompanied by a spokesperson provided by you; To examine evidence (documents or objects) against you; To present matters in defense, extenuation, and mitigation either orally or in writing; To have witnesses attend the proceeding; To have the proceedings open to the public; To refuse nonjudicial punishment; To demand trial by court-martial vice nonjudicial punishment; To appeal on the grounds the punishment was unjust or was disproportionate to the offense(s)

Before the imposition of nonjudicial punishment, the accused has the right to demand trial by court-martial in lieu of nonjudicial punishment. This does not apply to persons attached to or embarked in a vessel.; If the accused refuses nonjudicial punishment, charges may be referred for trial by summary, special, or general court- martial.

After nonjudicial punishment is imposed, if the Marine feels the punishment is unjust or is disproportionate to the offense, then the Marine has the right to appeal to the next superior authority. The appeal must be submitted in writing and within a reasonable time—normally five working days.; If unable to submit within five working days, then the Marine must advise the officer imposing punishment of the circumstances and request an extension.

Trial by summary court-martial provides a simplified procedure for the resolution of charges involving minor incidents of misconduct. It consists of one commissioned officer. You may refuse trial by summary court-martial. If you refuse, the case may be referred to a special, or general court-martial.; The maximum punishment a summary court-martial may impose is considerably less than a special or general court-martial.; For E-4 and below the maximum is confinement for 1 month, 45 days hard labor without confinement, or 60 days restriction; forfeiture of two-thirds pay for 1 month; and reduction to the lowest pay grade.

A special court-martial is the intermediate court level. It consists of a military judge, trial counsel (prosecutor), defense counsel, and a minimum of three officers sitting as a panel of court members or jury. An enlisted accused may request a court composed of at least one-third enlisted personnel. The accused may also request trial by judge alone.; The maximum punishment is a bad conduct discharge, confinement for 12 months, forfeiture of two-thirds pay per month for 12 months, and reduction to the lowest pay grade.

A general court-martial is the most serious level of military courts. It consists of a military judge, trial counsel, defense counsel, and at least five court members. An accused enlisted Marine may request a court composed of at least one-third enlisted personnel. Unless the case is one in which the death sentence could be adjudged, the accused may also request trial by judge alone.; In a general court-martial, the maximum punishment is established for each offense under the Manual for Courts-martial, and may include death (for certain offenses), confinement, forfeiture of all pay and allowances while confined, a dishonorable or bad-conduct discharge for enlisted personnel, a dismissal for officers, or a number of other lesser forms of punishment.