5800.7 F - Department of the Navy Issuances

of such a request, the officer who imposed the nonjudicial punishment shall
determine whether good cause was shown and shall advise the offender that an
extension of time is or is not granted. Absent such a request for extension,
the officer acting on the appeal shall determine whether good cause was shown
in an appeal submitted more than 5 days after the imposition of the
nonjudicial punishment.
b. Procedures.
(1) When the officer who imposed the punishment is not the accused's
immediate CO, the latter may forward the appeal directly to the officer who
imposed the punishment for forwarding under section 0117. Similarly, the
action of the superior authority on appeal may be forwarded by the officer who
imposed the punishment directly to the offender's CO for delivery. Copies of
the correspondence should be provided for intermediate authorities in the
chain-of-command.
(2) In any case where nonjudicial punishment is imposed on the basis
of information contained in the record of a court of inquiry or fact-finding
body, a copy of the record, including the findings, opinions, and
recommendations, together with copies of endorsements thereon, shall, except
where the interests of national security may be adversely affected, be made
available to the accused for examination in connection with the preparation of
an appeal. In case of doubt as to whether a national security interest would
be adversely affected, the matter shall be referred to the Office of the Judge
Advocate General (OJAG) (Code 30) for advice.
c. Contents of forwarding endorsement. The contents of the forwarding
endorsement of the officer who imposed the punishment should normally include:
(1) Comment on any assertions of fact contained in the letter of
appeal that the officer who imposed the punishment considers to be inaccurate
or erroneous.
(2) Recitation of any facts concerning the offenses that are not
otherwise included in the appeal papers. If such factual information was
brought out at the captain's mast/office hours, the endorsement should so
state and include any relevant comment(s) made by appellant at the hearing.
Any other adverse factual information set forth in the endorsement, unless it
recites matters already set forth in official service record entries, shall be
referred to the appellant for comment, and he shall be given an opportunity to
submit a statement in regard thereto or state that he does not wish to make
any statement.
(3) As an enclosure, a copy of the completed mast report form (NAVPERS
1626/7) or Unit Punishment Book (NAVMC 10132).
(4) As enclosures, copies of all documents and signed statements that
were considered as evidence at the nonjudicial punishment hearing or, if the
nonjudicial punishment was imposed on the basis of the record of a court of
inquiry or other fact-finding body, a copy of that record, including the
findings of fact, opinions and recommendations, together with copies of any
endorsements thereon.
1-29