5800.7 F - Department of the Navy Issuances

that may be in the nature of a reprimand. This right is necessarily vested in
him as chief officer of that department. Such censure is neither a
nonpunitive measure nor a punitive sanction. The Secretary’s authority is in
its own class. Such censures cannot be delegated.
b. Rebuttal. The member to whom a Secretarial letter of censure is
addressed has no right of appeal. Unless otherwise directed, a copy of the
letter will be filed in the official record of the person censured. If a copy
of the letter is filed in the official record of the member, the individual
may submit a rebuttal. Any such rebuttal shall be temperate in language and
confined to pertinent facts. Opinions shall not be expressed nor the motives
of others impugned. Rebuttals shall not contain countercharges. The issuance
of a Secretarial letter of censure and the underlying facts may be mentioned
in a fitness report or an enlisted evaluation and used to support a detachment
for cause proceeding, relief of command, negative endorsement, or any other
administrative action on the part of the service concerned.
0115 ANNOUNCEMENT OF DISPOSITION OF NONJUDICIAL PUNISHMENT
a. Publication. Publication of nonjudicial punishment results is rooted
in the reasonable belief that it serves to deter other members of the
organization from committing similar offenses and that it has salutary effects
upon the morale of the organization. Accordingly, COs may, if the interests
of rehabilitation of the offender, good order and discipline, high morale, and
perceptions of fairness so warrant, establish a policy whereby the disposition
of nonjudicial punishment cases are announced. Announcement may be, for
example, by any or all of the methods below.
b. Plan of the Day publication. The name, rate, offense(s), and
disposition of the offender may be published in the plan of the day within one
month of the imposition of nonjudicial punishment or, if the punishment is
appealed, within one month of the date the appeal is denied, provided that the
plan of the day is disseminated to military personnel only. If the plan of
the day is disseminated to other than military personnel, nonjudicial
punishment results may be published without the name of the accused.
c. Bulletin boards. The name, rate, offense(s), and disposition of the
individual case may be posted within one month of the imposition of
nonjudicial punishment or, if the punishment is appealed, within one month of
the date the appeal is denied, on command bulletin boards for military
personnel only. If command bulletin boards are accessible to other than
military personnel, nonjudicial punishment results may be published without
the name of the accused.
d. Daily formation or morning quarters. The name, rate, offense(s), and
disposition of nonjudicial punishment cases may be announced at daily
formations or morning quarters within one month of the imposition of
nonjudicial punishment or, if the punishment is appealed, within one month of
the date the appeal is denied.
e. Public censures. COs shall not issue public censures. Oral censures
during Article 15, UCMJ hearings do not violate this provision.
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