Page 70 - NAVAL SCIENCE 3 TEXTBOOK

IIIFJ Discipline and Punishment

i'vlilitar}' leaders Illllst be alert to all actions by subordinates, prais- they arc officially doing their duty. All personnel in the Navy are
ing when a good job is donc, but correcting, and even punishing, obliged to obe)' and stricti), follow the regulations, and to do so
if poor work or breaches in military discipline occur. The senior's promptly. Therefore, lawful punishments imposed because of der-
approach Illust be one of continuing illerlncss, with consistent and elictions of duty should be expected. \"hen fair punishment is
fair actions taken in all cases. meted out. it should be accepted and regarded constructively; that
A breach of discipline cannot be disregarded one day and is, a lesson should be learned li·om the experience.
rebuked the next. Under such conditions, personnel do not know George " 'ashingtoll,likc all great leaders, was n sound discipli-
where the)' stand and canllot establish a pattern of conduct that narian. He counseled his officers in 1776, "The best general advice
is consistent. If rules are ignored or regulations disobeyed and 110 I can give is to be strict in yom discipline; that is, to require noth-
one in authority seems to care, there is bOllnd to be confusion. If ing unreasonable of your officers and men, but to see that what-
regulations cannot or will no! be enforced, it is better not to issue e\'er is required be punctually complied with. Reward and punish
them in the first place. every man according to his merit. without partiality or prejudice."
Discipline can be strict without being stitf and formal. For a
first offense, a light punishmcnt that is prompt and just may sen'e
Apprehension , Arrest, Restriction,
till' better than i.l severe one; a private reprimand at the start of a
potential problel11l11ay prevent a later appearance at captain's mast and Confinement
or court-martial. Timely action is essential, since it leaves no doubt Apprehellsio/1 is the taking of a person into custod)'. Arrest is the
in the mind of the offender about the reason for the punishment. restraint of a person by an order directing that person to remain
Delay fosters resentment toward the system. within certain specified limits. Arrest is not imposed as punish-
Punishlnent must be just. In order to accomplish its purposes, ment for an otiense; the restraint is binding upon the arrested per-
it must be recognized as just and tilir by the offender and ship- son by virtue of a moral and legal obligation to obey the arrest
mates. Penalties imposed lllust not be out of proportion to the order, not by physical force. If under arrest, a perSall cannot be
seriousness of the offense. If the leader is exacting but f~ir, subordi- required to perform full military duty.
nates will not only live up to the le;:1der's demands, but also respect Instead of arrest, an accllsed person may be restricted to speci-
and admire his or her attitude. fied '\feas. The person may be required to perform all usual mili-
The Bluejackets A'Jall/llll states that when offenses against good tary duties while under sllch restriction. This is the usual form of
order and discipline arc punished by proper naval authority, pun- restraint for persons awaiting captain's mast, or for persons await-
ishment is imposed for three reasons: to deter ollenders from ing court -martial on other than the most seriolls charges.
breaking the rules again, to encourage them to do their duty, and COlljillelllellt in brig or jail is physical restraint depriving a per-
to set an example. Note that these are positive reasons, not nega- son of freedom. Confinement is not imposed pending trial unless
tive ones. decmed necessary to ensure the presence of the accused or because
The desired goal of the Navy is positive discipline based on of the seriousness of the otlellse charged. Confinement must be
respect for leaders, confidence in their justice and fairness, and the imposcd legally by oral or written orders.
compulsion of moral force. Discipline based on force alone cannot Persons under arrest or confinement must be advised that
endure. Long-term discipline IllUSt be stimulated or induced from they have the right to consult with a lawyer, that the lawyer may
within the individual. Truc discipline develops 10y;tIl}' and intelli- be present at any investigations, and that the l<1wyer may be either
gent initiative. retained at the individual's OWI1 expense or appointed by the mili-
Punishment is not person;tl, and it is not vindictive. It is not 1<.11')' authority withollt cost. No self-incriminating statement made
inflicted as revenge for misconduct, nor can it serve to right any in violation of Article 31 of the Uniform Code of Military Justice
wrong that might have resulted from any dereliction of duty. \"hen (UCMJ) is admissible in a trial by court-martial.
seniors find it nccessary to reprimand or place a person on report,

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