Cpl's Course Administration
RESPONSIBILITIES of Commanding Officers
he commanding officer establishes unit policies and procedures for recommending and assigning proficiency and conduct marks. Since the commanding officer cannot physically observe all corporals and below on a daily basis, the commander will rely on SNCOs and NCOs to evaluate the performance of their Marines and to submit recommended proficiency and conduct marks. Although the commander should review and consider the recommended marks, the commander has sole responsibility in the assignment of marks for each Marine. The commanding officer is the deciding authority and is responsible for maintaining an equitable proficiency and conduct performance evaluation system for Marines in his/her charge.
TYPES OF COURTS-MARTIAL
-Summary Court-martial -Special Court-martial -General Court-Martial
STANDARD OF PROOF AT NJP
"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.
ATTRIBUTES OF CONDUCT
-General Bearing -Attitude -Interest -Reliability -Courtesy -Cooperation -Obedience -Adaptability -Influence on Others -Moral Fitness -Physical Fitness as Affected by Clean and Temperate Habits -Participation in Unit Activities Not Related to the Unit Mission
PUNITIVE OPTIONS
•Nonjudicial punishment •Summary court-martial •Special court-martial •General court-martial
OCCASIONS THAT REQUIRE MARKS
-Temporary disability retired list -discharge -Promotion to Cpl or Sgt -Reduction -Desertion -TAD complete -PCS -Service school completion -Semi-anual -annual (R) -AT (R) -Recommended -Active Duty Special work (R)
PROMOTION TO LANCE CORPORAL
A PFC who has eight months TIG and nine months time-in- service (TIS) and who is otherwise qualified for promotion, as determined by the commander, may be promoted to the grade of lance corporal (LCpl). A partial month is computed as a whole month for both TIG and TIS.
NONPUNITIVE CENSURE
A statement of adverse opinion or criticism of an individual's conduct or performance of duty expressed by a senior Marine in the member's chain-of-command. Nonpunitive censure may be done orally, but often it is in writing and is commonly referred to as a nonpunitive letter of caution (NPLOC). A NPLOC is not considered punishment; rather, the letter is issued to remedy a noted deficiency in conduct or performance of duty.
RIGHT TO APPEAL NJP
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.
Certain Duty Assignments
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.
DEMAND TRIAL BY COURT-MARTIAL VICE NJP
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.
Meritorious
For Marines who are exceptionally well-qualified and have demonstrated outstanding leadership and performance (there is no minimum time-in-grade for meritorious promotions)
Regular
For Marines who meet the promotion eligibility requirements to include the minimum time-in-grade and time-in-service
RIGHTS OF ACCUSED AT NJP
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)
IF NOT RECOMMENDED FOR PROMOTION
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.
REGULAR PROMOTION TO NONCOMMISSIONED OFFICER
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.
PROMOTION TO PRIVATE FIRST CLASS
Marines who have served for six months on active duty in the grade of private (Pvt) may be promoted to private first class (PFC) if the Marine's service has been satisfactory (as determined by the commander). Time-in-grade (TIG) will be computed from the first day of the month of entry on active duty.
ATTRIBUTES OF PROFICIENCY
Mission Accomplishment Intellect and Wisdom Leadership Individual Character Physical Fitness Personal Appearance Completion of PME, MarineNet courses, and off-duty education
PROMOTION CUTTING SCORES
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.
COUNSELING
NCOs should contribute to the maintenance of discipline by personal example of behavior and performance, and by personal supervision of the persons under their charge. To this end, NCOs may use nonpunitive measures of correction that include counseling. Always attempt to resolve infractions at the lowest level possible. Depending on the situation and infraction, counseling should be the first step taken to correct a deficiency. When counseling has been conducted without an improvement in conduct or performance, proceed with other measures. As an NCO, you are the first link in the chain of authority, and as such you are in the best position to judge actions and offer guidance.
ADVERSE PAGE 11
Per the Individual Records Administration Manual (IRAM), the administrative remarks page of a Marine's service record book is used to make required administrative entries and is also used by commanders to document an event in a Marine's career for which no other method of recording exits. These administrative remarks or "page 11 entries" become a permanent part of a Marine's military history.
REGULAR PROMOTION TO CORPORAL
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
REGULAR PROMOTION TO SERGEANT
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
AUTOMATIC COMPUTATION OF COMPOSITE SCORES
The Marine Corps controls the number of Marines selected for promotion to corporal and sergeant through the use of the automated composite score system. Composite score data elements must be input via unit diary entry by the data element cutoff date for each promotion quarter. Quarterly, the Marine Corps automatically calculates the composite scores of Marines who are eligible and have been recommended for promotion. A Marine's composite score is in effect for the entire promotion quarter.
PURPOSE OF MILITARY LAW/UCMJ
The purpose of military law or the UCMJ is to promote justice, to assist in maintaining good order and discipline in the armed forces, and to promote efficiency and effectiveness in the military establishment.
WHAT IS THE UCMJ?
The Uniform Code of Military Justice, or UCMJ, is legislation that is contained in Title 10 of the United States Code, sections 801 through 946. It is the military's criminal code. The UCMJ is essentially a complete set of criminal laws; in other words, it is military law.
PROMOTION SYSTEM
The enlisted promotion system provides a process whereby Marines within each grade and MOS/occupational field compete among themselves for promotion to the next higher grade. The basic goal of the system is to advance the best qualified Marines to higher grades so MOS vacancies in the enlisted structure will be continuously occupied by Marines who are fully qualified to perform the duties and to assume the responsibilities of the next higher grade.
RESPONSIBILITIES of Noncommissioned Officers
The responsibilities of staff noncommissioned officers (SNCOs) and noncommissioned officers (NCOs) include training and supervising Marines in the performance of their duties. This close relationship gives NCOs the ability to record information on a Marine's performance and to evaluate their performance during the reporting period. NCOs' responsibilities include providing a fair and balanced recommendation for pro and con marks to the commander.
ARTICLE 15: COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT (NJP)
The terms "Captain's Mast" and "Office Hours" refer to Article 15, UCMJ, hearings. However, it is commonly called "NJP," which actually describes the punishment imposed at the conclusion of an Article 15, UCMJ, hearing. NJP is a disciplinary measure that is more serious than the administrative or nonpunitive measures but less serious than trial by court-martial. NJP is often conducted for minor offenses and is usually appropriate when more severe punishments at court-martial are not necessary. NJP provides commanders with an essential and prompt means of maintaining good order and discipline and also promotes positive behavior changes in Service members without the stigma of a court-martial conviction.
MONTHLY RECOMMENDATION PROCESS
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.
IRAM
provides SNCOs, NCOs, and commanders with the guidance necessary to recommend and assign proficiency and conduct marks. The IRAM establishes guidelines to create consistency in the evaluation process, measuring specific factors expected of all Marines
PURPOSE OF COUNSELING
to help a junior Marine achieve or maintain the highest possible level of performance and to correct deficiencies.
The purpose of proficiency (pro) and conduct (con)
to indicate how proficiently individual Marines performed their primary duties, and how they conducted themselves during the rating period.
EXTRA MILITARY INSTRUCTION
training technique used to improve the efficiency of an individual through the correction of a deficiency in that individual's performance of duty.
General Court-Martial
•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.
Special Court-martial
•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.
AUTHORIZED NONJUDICIAL PUNISHMENTS
•Admonition or reprimand - punitive form of censure administered orally or in writing •Confinement - on bread and water or diminished rations, only imposed on E-3s and below attached to or embarked on a vessel •Correctional custody - rehabilitative tool for E-3 and below, often served in a confinement facility with extra duties and hard labor •Extra duties - performance of duties in addition to those normally assigned, not more than two hours per day and not on Sabbath •Restriction - deprivation of liberty, often restricts a Marine to the limits of work, barracks, messing, and worship •Forfeiture of pay - permanent loss of a portion of pay •Reduction in grade - may reduce if the grade demoted from is within the promotion authority of the officer imposing reduction
Reenlistments
•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
PUNITIVE ARTICLES OF THE UCMJ
•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 107 - False official statements •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 128 - Assault •Article 134 - General article: any act that is contrary to good order and discipline or brings discredit upon the Armed Forces
NEGATIVE CONSEQUENCES OF MISCONDUCT
•Conduct marks reduced •Adverse page 11 entry •Nonjudicial punishment (NJP) •Court-martial •Promotion restriction •Reenlistment application denial •Eligibility for Marine Corps good conduct medal •Eligibility for special duty assignments •Eligibility for a security clearance •Early separation from the Marine Corps •Poor characterization upon discharge and loss of benefits •Reduced opportunity for employment in the civilian sector •Superiors and subordinates lose confidence in you
OPTIONS TO DISPOSE OF OFFENSES
•Counseling •Extra military instruction (EMI) •Nonpunitive censure •Recommend an adverse page 11 entry •Submit charge sheet
EXTRA MILITARY INSTRUCTION LIMITATIONS
•EMI will not be conducted for more than 2 hours per day. •EMI will not be conducted over a period of time that is longer than necessary to correct the deficiency. •EMI should not be conducted on the Marine's Sabbath. •EMI will not be used for the purpose of depriving the Marine of normal liberty. •Authority to assign EMI to be performed during normal working hours is not limited to any particular grade. •Authority to assign EMI to be performed after normal working hours is vested in the CO or OIC. Such authority may be delegated, as appropriate, to officers and noncommissioned officers in connection with their duties and responsibilities. •EMI conducted outside normal working hours should be conducted either immediately before or after the Marine's workday. However, the CO or OIC may direct EMI at a different reasonable time.
REGULAR PROMOTION TO THE GRADES OF PRIVATE FIRST CLASS THROUGH SERGEANT
•Ensure that all enlisted Marines who are to be promoted to the next higher grade meet the Marine Corps standards of professionalism, personal performance, and leadership. •Ensure that a Marine is not promoted unless the individual can be expected to assume the responsibilities and perform the duties of that grade in a creditable and satisfactory manner. •Ensure that fully qualified and deserving Marines are expeditiously promoted on the date directed by the Commandant of the Marine Corps (CMC).
ADMINISTRATIVE SEPARATION COUNSELING (6105) ENTRY
•Give written notification of the deficiency or impairments. •Provide specific recommendations for corrective action, indicating any available assistance. •Give a reasonable opportunity for the Marine to undertake the recommended corrective action. •Provide a comprehensive explanation of the consequences of failure to take the corrective action. •Be recorded in a page 11 entry giving the Marine opportunity for rebuttal. Before separation proceedings can be initiated, the Marine must be: •Counseled concerning their deficiencies •Afforded a reasonable opportunity to overcome those deficiencies •Notified of the consequences of not correcting those deficiencies
Characterization at Discharge
•Honorable characterization of service is the highest quality characterization and is appropriate when the quality of the Marine's service has met the standards of accepted conduct and performance of duty for military personnel. Therefore, characterization will be honorable for Marines with an average proficiency mark of 3.0 or higher and average conduct mark of 4.0 or higher. •This is important as a less than honorable characterization may reduce employment opportunities and the benefits received from Veterans Affairs after discharge. •The reference is MCO 1900.16, Separation and Retirement Manual.
The contents of a NPLOC may include
•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 the deficiency
CRITERIA FOR MERITORIOUS PROMOTION RECOMMENDATIONS
•Marines must have completed the required PME in grade. (See MARADMIN 521/14) •A Marine's performance of duty, in comparison with all known Marines of the same grade, without regard to MOS, must be to a significant degree superior to that of his/her peers. •Marine's must have superior performance on unusual assignments that reflect favorably upon the Marine Corps. •Marines must not be in a promotion restriction status.
MERITORIOUS PROMOTIONS
•Meritorious promotions are not authorized above the grade of gunnery sergeant. •Minimum time-in-grade requirements are waived in the case of meritorious promotions. •Minimum time-in-service compliance is mandatory. •Determination of eligibility for meritorious promotion will be based on the performance of the Marine as reported in the meritorious recommendation and on the Marine's military record. •Commanders must ensure that meritorious promotions are not used as a tool to promote Marines who are otherwise noncompetitive.
Promotions
•Proficiency and conduct marks are used in the computation of composite scores of lance corporals and corporals. Regular promotion to corporal and sergeant depends on a Marine's composite score. •The promotion system up to the rank of sergeant is described in The Promotion System lesson of this course. •The reference is Marine Corps Order P1400.32D, Marine Corps Promotion Manual, Volume 2, Enlisted Promotions, also known as the Promotion Manual.
ADMINISTRATIVE WITHHOLDING OF PRIVILEGES
•Special liberty •Exchange of duty •Special command programs •Access to base or ship libraries or movies •Access to enlisted or officers' clubs •Access to commissary and/or exchange •Base parking •Base or ship special services events •Withholding of special pay
objectives of the promotion system
•To maintain the needed strength in each grade and MOS •To ensure all eligible Marines receive an equitable opportunity to compete for promotion •To ensure that only the best and fully qualified Marines are promoted
Summary Court-martial
•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.
PROMOTION RESTRICTIONS
•While found to be outside the established height, weight, or body fat standards, during the evaluation process, or pending assignment or assigned to the military appearance program (MAP) or body composition program (BCP) •After failure of the Marine Corps physical fitness test (PFT) or Marine Corps combat fitness test (CFT) (This restriction remains in effect until the Marine passes a PFT/CFT.) •While pending court-martial or nonjudicial punishment (NJP) •Within three months of date awarded NJP •When not recommended for reenlistment (reenlistment code RE-4/4B) •While attending mandatory rehabilitation for any domestic violence or child abuse offense
