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POLICY LETTER 7-97

From: Commanding Officer
To: Distribution List

Subj: ADMINISTRATIVE WITHHOLDING OF PRIVILEGES

Ref: (a) JAGINST 5800.7C

1. Purpose. To promulgate the policy for the administrative withholding of privileges.

2. Privileges and Liberty. Liberty is defined as permission to leave the duty station. Regular liberty is not a privilege and cannot be withheld administratively as a corrective or punitive measure except as authorized by the UCMJ. However, in accordance with the reference, it is necessary to the efficiency of the naval service that official functions be performed and that certain work be accomplished in a timely manner. Therefore, it is also sometimes necessary for persons in the naval service to be physically present outside of normal working hours for work assignments that should have been completed during normal working hours, for the accomplishment of additional essential work, or for the achievement of the currently required level of operational readiness. For that reason, working hours may be extended for the purposes of accomplishing our work. Provisions for doing this are covered in the Leave and Liberty Policy Letter.

3. Privileges and Performance. As a corrective measure, privileges such as the privilege to wear civilian clothes (with the exception of PT gear worn during PT only), to use the base theatre, exchange and Portside facility, to drink alcoholic beverages, and other privileges may be withheld.

4. Academic Performance. "Academic performance" includes the extent to which students maintain an acceptable grade point average (GPA), remain attentive in the classroom (to include not sleeping in class or other disruptive behavior), participate meaningfully in class activities (to include inspections and formations), and satisfactorily complete assignments, for example.

5. Military Development. In this environment, it is essential that leaders maintain consistency in the military development of their subordinates. In pursuit of effective instruction pursuant to this development, corrective action in the form of administrative withholding of privileges is sometimes necessary. Correction of problems with the wearing of appropriate civilian attire, off-base liberty behavior, abuse of privileges, and execution of military duties are examples of developmental issues that might bear corrective action.

6. Corrective Nature. The administrative withholding of privileges is not a punishment but is a corrective measure that can be imposed to help Marines improve the performance of their professional duties. The use of this measure implies that the subject of the withholding has the potential to correct his performance without the use of more formal corrective or punitive measures. Once imposed, this measure remains in effect until performance demonstrates that the subject Marine can sustain work satisfactorily while enjoying these privileges.

7. Withholding Notification. Each Marine having privileges withheld will be notified in writing by an officer authorized to issue such withholding, and will contain the following at a minimum: the name, rank, and division of the subject Marine, the issue that requires corrective action, the specific privileges to be withheld, and the date or specific conditions under which privileges will be returned to the subject Marine. The letter will be endorsed by the Marine acknowledging the withholding of his privileges and by the officer authorized to issue the withholding upon the return of the privileges. Copies of letters withholding privileges will be routed to the Squadron First Sergeant when a Marine has privileges withheld and returned.

8. Authority to Withhold Privileges. In accordance with the reference, the authority to withhold a privilege rests with the level of authority empowered to grant that privilege. The Commanding Officer is the authority empowered to grant privileges subject to this Policy Letter.

9. Violations. Any violation of the conditions of an administrative withholding of privileges may result in disciplinary action.

R. A. DOSS