5800.7 F - Department of the Navy Issuances

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CHAPTER I REGULATIONS IMPLEMENTING AND SUPPLEMENTING THE MANUAL FOR COURTS-MARTIAL 0101 SCOPE PART A –- NONPUNITIVE MEASURES 0102 NONPUNITIVE ADMINISTRATIVE MEASURES GENERALLY a. Definition of commander b. Types of administrative measures 0103 EXTRA MILITARY INSTRUCTION a. Definition b. Limitations 0104 ADMINISTRATIVE WITHHOLDING OF PRIVILEGES a. Privilege b. Deprivation of liberty 0105 NONPUNITIVE CENSURE – NONPUNITIVE LETTER OF CAUTION a. General b. Nonpunitive censure PART B –- NONJUDICIAL PUNISHMENT 0106 AUTHORITY TO IMPOSE a. Commander b. Officer in Charge c. Principal assistant d. Joint commander e. Withholding of nonjudicial punishment authority f. Terminology 0107 JURISDICTION a. Individual b. Over Reserve component personnel on active duty or inactive duty training 0108 LIMITATIONS ON INITIATION OF ARTICLE 15, UCMJ, PROCEEDINGS a. Right to demand trial b. Units attached to ships c. Cases previously tried in civilian courts 0109 ADVICE TO ACCUSED PRIOR TO INITIATION OF ARTICLE 15, UCMJ, PROCEEDINGS a. Pre-NJP advice b. Accused attached to or embarked in a vessel c. Accused not attached to or embarked in a vessel; record cannot be used in aggravation d. Accused not attached to or embarked in a vessel; record may be used in aggravation at a later court-martial e. Service record entries 0110 PROCEDURES FOR INITIATION OF ARTICLE 15, UCMJ, HEARING a. Article 15, UCMJ, hearing guide b. Standard of proof c. Observers at captain's mast/office hours d. Alternatives to personal appearance e. Nonjudicial punishment based on report of a factfinding body f. Advice after imposition of nonjudicial punishment 0111 LIMITATIONS ON AND NATURE OF PUNISHMENTS a. Restriction imposed upon officers and warrant officers 1-1
. Correctional custody c. Confinement on bread and water or diminished rations d. Extra duties e. Reduction in grade f. Arrest in quarters g. No punishment 0112 LIMITATIONS ON NONJUDICIAL PUNISHMENTS TO BE IMPOSED ON RESERVE COMPONENT PERSONNEL NOT ON ACTIVE DUTY a. Punishment involving restraint on liberty b. Punishment involving forfeiture of pay 0113 EFFECTIVE DATE AND EXECUTION OF NONJUDICIAL PUNISHMENTS a. Forfeiture of pay and reduction in grade b. Punishments involving restraint and extra duties c. Punitive letters 0114 PUNITIVE CENSURE a. General b. Admonition c. Reprimand d. Official records of admonition or reprimand e. Internal departmental responsibility f. Content of letter of admonition or reprimand g. Appeals h. Forwarding letter i. Removal and set aside 0114a SECRETARIAL LETTER OF CENSURE a. General b. Rebuttal 0115 ANNOUNCEMENT OF DISPOSITION OF NONJUDICIAL PUNISHMENT a. Publication b. Plan of the Day publication c. Bulletin boards d. Daily formation or morning quarters e. Public censures f. Release to the public/media 0116 COMMAND ACTION ON NONJUDICIAL PUNISHMENT APPEALS a. Time limit b. Procedures c. Contents of forwarding endorsement 0117 AUTHORITY TO ACT ON NONJUDICIAL PUNISHMENT APPEALS a. When the officer who imposed punishment is in a Navy chain-of-command b. When the officer who imposed punishment is in the chain-ofcommand of the Commandant of the Marine Corps c. When punishment is imposed within a joint command or unit d. Delegation of authority to act on appeals e. Rehearing after appeal 0118 SUSPENSION, MITIGATION, REMISSION, SETTING ASIDE, AND VACATION OF SUSPENSION a. Definition of "successor in command" b. Authority to suspend, mitigate, remit, set aside c. Interruption of probationary period d. Vacation of suspension 0119 RECORDS OF NONJUDICIAL PUNISHMENT a. Records b. Report of officer misconduct c. Report of enlisted misconduct 1-2
Page 1 and 2: JAG INSTRUCTION 5800.7F DEPARTMENT
Page 3 and 4: [This page is blank]
Page 5: [This page blank] ii
Page 9 and 10: accused before or during trial b. C
Page 11 and 12: SUBPART C3 - POST-TRIAL MATTERS 014
Page 13 and 14: PART D -- MISCELLANEOUS 0168 APPREH
Page 15 and 16: and is intended for and directed to
Page 17 and 18: (2) A nonpunitive letter will be ke
Page 19 and 20: writing, one or more Naval units, a
Page 21 and 22: e construed as impairing the paramo
Page 23 and 24: the hearing, appropriate service-re
Page 25 and 26: 0111 LIMITATIONS ON AND NATURE OF P
Page 27 and 28: . Punishments involving restraint a
Page 29 and 30: UCMJ article, nor satisfy the draft
Page 31 and 32: Commandant of the Marine Corps, tog
Page 33 and 34: f. Release to the public/media. Inf
Page 35 and 36: (5) As an enclosure, a copy of the
Page 37 and 38: original proceeding. Any punishment
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Page 41 and 42: summary court-martial convening aut
Page 43 and 44: service embarked. In the case of un
Page 45 and 46: (f) where the accused should be ord
Page 47 and 48: 0125 EXERCISE OF COURT-MARTIAL JURI
Page 49 and 50: all cases involving sensitive compa
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(c) Manner of appointment. Appointm
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defined as the CO of the cognizant
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set forth above, the commander of t
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0133 ADDITIONAL MATTERS IN CONVENIN
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judge advocate or to a principal as
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0140 RULES FOR APPEALS UNDER ARTICL
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system. The task of striking a fair
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may be accused or suspected when re
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this subsection have not been compl
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disbursing officer concerned with a
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confer any procedural, evidentiary,
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orders relating to the relief of co
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dismissal of the charges related to
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authority could not act on the reco
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the approved sentence was suspended
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, regardless of the final dispositi
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MCM. In copying and including the a
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. In accordance with Article 57a(c)
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0159 LIMITATIONS ON AUTHORITY TO RE
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UCMJ. If the original record of tri
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esulted in the punitive discharge o
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equest immediate execution of the u
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apprehension is necessary to preven
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504(d)(3) 0133 505(c)(1)(B)(i) 0136
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0174 ADDRESS APPENDIX Office of the
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Personnel Support Activity Detachme
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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(CAPTAIN'S MAST) (OFFICE HOURS) ACC
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. Personal appearance. (Check one)
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. Personal appearance requested. If
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________ Written matters are attach
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NONJUDICIAL PUNISHMENT GUIDE (Note:
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CO: I find that you have committed
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PUNITIVE LETTER OF REPRIMAND (Date)
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6. By copy hereof, 1stLT Jones is n
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easonably available. I would also h
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REQUEST FOR GRANT OF IMMUNITY AND O
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PRIVACY ACT NOTIFICATION Authority:
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IN THE MATTER OF GRANT OF TRANSACTI
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APPELLATE & POST-TRIAL RIGHTS STATE
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have similar appellate counsel righ
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REPORT OF RESULTS OF TRIAL From: Su
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Restitution: Reduction in grade lim
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(4) Other physical evidence (notati
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UNITED STATES NAVY/MARINE CORPS SAM
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a. (Option 2) Post-trial matters su
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I. M. SJA 6 -----------------------
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From: Staff Judge Advocate To: Conv
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-----------------------------------
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SUSPECT'S RIGHTS ACKNOWLEDGEMENT/ST
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═══════════
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An example of an oath is as follows
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List of Secretarial Designated Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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DETERMINATIONS ARE RECORDED a. Gene
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CHAPTER II ADMINISTRATIVE INVESTIGA
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PART B -- PRELIMINARY CONSIDERATION
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investigate the circumstances surro
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the investigating officer at that l
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investigation, that the CA might co
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c. Witnesses and warnings (1) Witne
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investigative reports. b. Classific
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activities (see part F for special
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CAs and reviewing authorities will
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i. Release of command investigation
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extensions need not be in writing b
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e signed by both the investigating
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(3) Consists of at least three comm
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j. Action (1) Upon receiving a repo
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survivor benefits such as the Survi
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interference unless evidence to the
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aircraft or vessel while drunk; or,
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exceeded the lesser of .10 percent
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Suite 205, Norfolk, VA 23511-2989,
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0225 GENERAL a. Special considerati
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individual to do so. In releasing t
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than the member’s commanding offi
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(5) For adverse determination cases
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DEFINITIONS 1. Administrative Inves
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Counsel (OGC) attorney. 16. System
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i. To make a voluntary statement, o
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___________________________________
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SAMPLE COMMAND INVESTIGATION REPORT
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SAMPLE LITIGATION-REPORT INVESTIGAT
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FOR OFFICIAL USE ONLY: ATTORNEY WOR
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s. Military Personnel and Civilian
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obtaining sufficient information to
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SAMPLE WARNING ADVISEMENT ABOUT STA
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(3) method of travel used; (4) actu
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CLAIMS FOR OR AGAINST THE GOVERNMEN
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AVIATION MISHAPS The following cont
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the possibility of undermining the
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d. Required facts and opinions. The
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ACCIDENTS ABOARD SHIPS OR SUBMARINE
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available to the JAGMAN investigati
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COLLISION AND ALLISION INCIDENTS Th
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(9) Date of last inspection of the
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(6) Number of personnel who respond
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5. Distances that significant missi
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signals, and signs. (5) Estimated s
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enclosure if disciplinary action is
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will be forwarded in accordance wit
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under which they are convened. A du
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(9) A description of the internal c
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SONIC BOOMS, JET NOISE, AND ARTILLE
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FIREARM ACCIDENTS The following con
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Qualification Standard (PQS) record
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CHAPTER III COMPLAINTS OF WRONGS 03
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CHAPTER III COMPLAINTS OF WRONGS 03
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i. Examination into a complaint. An
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Assistant Secretaries, may be the r
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complaint within 10 working days af
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wrong. The GCMCA shall prepare and
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(3) If the GCMCA determines the com
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final secretarial action the compla
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SAMPLE COMPLAINT Date From: (Rank/R
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PRIVACY ACT STATEMENT 1. Authority.
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COMPLAINT OF WRONG PROCESSING CHECK
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enclosures and endorsements? (§ 03
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GCMCA REPORT TO COMPLAINANT From: (
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CHAPTER IV ARTICLE 139 CLAIMS -- RE
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Chapter IV ARTICLE 139 CLAIMS -- RE
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to be assessed against the pay of t
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0408 ASSESSMENT OF PECUNIARY LIABIL
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CHAPTER V ENVIRONMENTAL PROTECTION
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CHAPTER V ENVIRONMENTAL PROTECTION
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. Permits and fees. Congress requir
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adverse environmental impact does n
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42 U.S.C. § 6901-6992k, is our nat
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critical habitat considered necessa
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with environmental counsel on meeti
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SELECTED REFERENCES Department of D
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CHAPTER VI DELIVERY OF SERVICE MEMB
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CHAPTER VI DELIVERY OF SERVICE MEMB
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Advocate General (DAJAG) (General L
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to a fugitive warrant or waiver of
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doubt, advice should be sought from
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c. Article 14, UCMJ. When a request
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the individual requested and which
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countries of the signatory parties,
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permitting physical repossession of
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availability of the requesting coun
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incidence of the tax was on the ind
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among the states regarding these pr
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WAIVER OF EXTRADITION I, __________
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DELIVERY REFUSAL NOTIFICATION LETTE
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II. Office of the General Counsel A
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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CHAPTER VII LEGAL ASSISTANCE 0701 S
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(5) For the purpose of enhancing th
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(b) Consumer finance issues, includ
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(4) Durable Financial/Property Mana
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is authorized. b. Other services. L
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CHAPTER VIII GENERAL CLAIMS PROVISI
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CHAPTER VIII GENERAL CLAIMS PROVISI
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d. Assistance to claimants. Claiman
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0810 FOREIGN CLAIMS ACT a. General.
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service member or civilian employee
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0815 FOREIGN CLAIMS COMMISSIONS a.
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c. Action by the claims investigati
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a claim in excess of the adjudicati
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File Reference: _____________ SETTL
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CHAPTER IX AUTHORITY OF ARMED FORCE
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CHAPTER IX AUTHORITY OF ARMED FORCE
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(f) All legal and assistant legal o
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from a civilian attorney who prepar
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(she) is. If there is reason to hav
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(1) Exception (A): Allowing relianc
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FORMAT FOR SIGNATURE BLOCK, WITNESS
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[Venue] With the U.S. Armed Forces
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CHAPTER X INTERNATIONAL LAW 1001 SC
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CHAPTER X INTERNATIONAL LAW 1001 SC
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(a) Contracts made under Federal Ac
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Act. Basic guidance is found in the
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of urgency in order to secure the l
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the case and enable the U.S. Govern
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(series) and MCO 3504.2 (series), S
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CHAPTER XI ADMIRALTY AND MARITIME L
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CHAPTER XI ADMIRALTY AND MARITIME L
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eceiving command believes the compl
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without damage to non-federal prope
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investigation may be used to protec
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1107 EVIDENCE PRESERVATION a. Origi
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(20) Radiotelephone logs (such as b
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f. Detention costs. When a commerci
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(Was the deck or ladder wet or grea
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property damage; the Commandant of
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have a strong interest in ensuring
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1118 SALVAGE Salvage claims may be
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SAMPLE ADMIRALTY LETTER REPORT APPO
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Subj: ADMIRALTY LETTER REPORT OF __
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Subj: DUAL PURPOSE LITIGATION REPOR
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FOR OFFICIAL USE ONLY: LITIGATION/A
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JAGINST 5800.7F MAJOR CHANGES Sect
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SUMMARY OF JAGINST 5800.7F CHANGES
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SUMMARY OF JAGINST 5800.7F CHANGES
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5800.7 F - Department of the Navy Issuances

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