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SORN OPNAVINST3120.32c(EMI)

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  • 1. OPNAVINST 3120.32C CH-53 April 2003strictly, and to execute promptly, all lawful orders of theirsuperiors.141.5 ORGANIZATIONAL AUTHORITY. Organizational authorityderives from billets assigned officers and petty officers withinthe organization. All officers, warrant officers, and pettyofficers have the authority necessary to fulfill their assignedduties and responsibilities.141.6 ACCOUNTABILITY. In connection with general andorganizational authority, the principles of accountabilityinclude: a. Each individual, regardless of rank or position, is fullyaccountable for his or her own actions, or failure to act whenrequired. b. Leaders and supervisors have a duty to assign clear linesof authority and responsibility, reaching to the individuallevel, for all activity within their organization. c. Leaders and supervisors have a duty to provide theirsubordinates the resources and supervision necessary to enablethem to meet their prescribed responsibilities. d. Leaders and supervisors have a duty to hold theirsubordinates accountable, and to initiate appropriate corrective,administrative, disciplinary, or judicial action when individualsfail to meet their responsibilities.141.7 LIMITATIONS OF AUTHORITY. Authority includes the right torequire actions of others by oral or written orders. Orders mustbe lawful and must not be characterized by tyrannical orcapricious conduct, or by abusive language. Organizationalauthority beyond that necessary to fulfill assigned duties andresponsibilities should not be delegated. Authority should neverbe delegated beyond the lowest level of competence and may belimited by command.142. CONTROL. The "control" aspect of command and controlinvolves measuring performance and, where deficiencies exist,providing corrective action. The control process requires thatthe unit commander establish standards, measure performanceagainst these standards, and require correction where deviationsfrom standards exist. Two types of controls are discussed here:the Management Control Program (MCP), and individual performancecontrols.142.1 MANAGEMENT CONTROL PROGRAM. Commanding officers areresponsible for ensuring that resources under their purview areused efficiently and effectively, and that programs andEnclosure (1) 1-6
  • 2. OPNAVINST 3120.32C CH-5 3 April 2003operations are discharged with integrity and in compliance withapplicable laws and regulations. The MCP was established tofulfill this requirement in compliance with the Federal ManagersFinancial Integrity Act (FMFIA) of 1982 (31 U.S.C. 3512),SECNAVINST 5200.35D, OPNAVINST 5200.25C and associateddirectives. The MCP is one tool available in the discharge ofthis duty. Other tools such as the Command Inspection Program,command evaluation reviews and analyses, and individual auditsand investigations are available as well. Implementation of theMCP at each command is thus a leadership decision for thecommanding officer on how best to ensure that the goals of theprogram are met. In general, management controls are theorganization, policies, and procedures used to reasonably ensurethat (1) programs achieve their intended results; (2) resourcesare used consistent with agency mission; (3) programs andresources are protected from waste, fraud, and mismanagement;(4) laws and regulations are followed; and (5) reliable andtimely information is obtained, maintained, reported and used fordecision making. The program for implementing managementcontrols should have the following basic elements: a. Clear responsibility for MCP management and theperformance of management control evaluations. b. Inventories of assessable units, segmented alongorganizational, functional, and/or program lines. An alternativemethodology can be followed, provided equivalent results areobtained while still identifying vital management controls. c. Effective, continuously monitored and improved managementcontrols associated with programs. Monitoring efforts should bedocumented. Both controls and monitoring measures should bedesigned to maximize the use of existing management evaluationdata and minimize the creation of new processes and proceduressolely to execute the MCP. d. Processes for identifying, reporting, and correctingmaterial weaknesses, which are instances where managementcontrols are not in place, not used, or not adequate. Again,maximize the use of existing processes. e. Effective training and clear accountability forindividuals with responsibility for systems of control, includingsubordinate commanders or commanding officers, if any.142.2 INDIVIDUAL PERFORMANCE CONTROLS. The individualperformance control process also requires that the unit commanderestablish standards, measure performance against these standards,and require correction where deviations from standards exist.Resorting to the withholding of privileges and extra militaryinstruction should occur only when counseling and normal training 1-7 Enclosure (1)
  • 3. OPNAVINST 3120.32C CH-53 April 2003fail to accomplish the necessary objective. Such actions must bebalanced by recognition of exemplary behavior and performance. a. ADMINISTRATIVE CORRECTIVE MEASURES. Punishment may onlybe imposed through judicial process or nonjudicially throughArticle 15 of the Uniform Code of Military Justice (UCMJ).Authority to administer nonjudicial punishment is carefullyreserved by UCMJ to certain commanders, commanding officers andofficers in charge. In addition to punishment, the Manual forCourts-Martial (MCM) and Manual of the Judge Advocate General(JAGMAN) (JAGINST 5800.7C) recognize and authorize numerous non-punitive corrective measures. These are discussed in depthbelow. b. POLICY CONCERNING NON-PUNITIVE CORRECTIVE MEASURES. Toestablish consistency within the Navy, the following policy isestablished. (1) Extra Military Instruction (EMI) (a) Definition. Extra military instruction isinstruction in a phase of military duty in which an individual isdeficient and is intended to correct that deficiency. Extramilitary instruction is an administrative measure authorizedunder Part II, MCM (Rules for Courts-Martial (R.C.M.) 306(c)(2))and Part V, MCM, 1984 as a bonafide training device intended toimprove efficiency of a command or unit and must, therefore, begenuinely intended as such. It must not be used as a substitutefor punitive action appropriate under the UCMJ. Extrainstruction assigned must be logically related to the deficiencyto be corrected. (b) Implementation. Extra military instructionwithin the Navy shall be implemented, when required, within thefollowing limitations: 1. EMI will not normally be assigned for morethan 2 hours per day. 2. EMI may be assigned at a reasonable timeoutside normal working hours. 3. EMI will not be conducted over a period thatis longer than necessary to correct the performance deficiency. 4. EMI should not be assigned on membersSabbath. 5. EMI will not be used as a method of deprivingnormal liberty. A member who is otherwise entitled to libertymay commence normal liberty upon completion of EMI.Enclosure (1) 1-8
  • 4. OPNAVINST 3120.32C CH-5 3 April 2003 (c) Authority. Authority to assign EMI to beperformed during working hours is not limited to any particularrank or rate. It is an inherent part of that authority oversubordinates which is vested in officers and petty officers inconnection with duties and responsibilities assigned to them.Authority to assign EMI to be performed after working hours restsin the commanding officer or officer in charge but may bedelegated to officers and petty officers in connection withduties and responsibilities assigned to them. Administration ofEMI within the Navy shall be monitored by superiors in the chainof command as part of their normal supervisory duties. Authorityshould not be delegated below the lowest level of competence.Authority to assign EMI during working hours may be withdrawn byany superior if warranted. Authority to assign EMI after workinghours may be withdrawn as provided in delegation of authority ofthe commanding officer or officer in charge.Duties and responsibilities should also be withdrawn if with-drawal of authority is considered appropriate. Delegation ofauthority to assign EMI outside of working hours to responsibleofficers and senior petty officers is encouraged. Ordinarilysuch authority should not be delegated below the chief pettyofficer level. However, it is emphasized that delegation is theprerogative of the commanding officer and he/she is expected toexercise his/her independent judgment in determining theappropriate level, based on the situation prevailing in his/hercommand. (2) WITHHOLDING OF PRIVILEGES. Temporary withholding ofprivileges is authorized under R.C.M. 306(c)(2) and Part V, MCM,1984 as another administrative corrective measure that may beemployed by superiors to correct infractions of military regula-tion or performance deficiencies in their subordinates whenpunitive action does not appear appropriate due to the minornature of the infraction or deficiency. A privilege is abenefit, advantage, or favor, provided for the convenience orenjoyment of an individual. Examples of privileges that may betemporarily withheld as administrative corrective measures arespecial liberty, exchange of duty, special command programs, baseor ship libraries, base or ship movies, base parking and basespecial services events. (a) Authority. Final authority to withhold aprivilege, however temporary, must ultimately rest with the levelof authority empowered to grant that privilege. Therefore,authority of officers and petty officers to withhold privilegesis, in many cases, limited to recommendations via the chain ofcommand to the appropriate authority. Officers and pettyofficers are authorized and expected to initiate such actionswhen considered appropriate to remedy minor infractions as 1-9 Enclosure (1)
  • 5. OPNAVINST 3120.32C CH-53 April 2003necessary to further efficiency of the command. Authority towithhold privileges of personnel in a liberty status is vested inthe commanding officer or officer in charge. Such authority may,however, be delegated to the appropriate echelon, but, in noevent, may the withholding of such privileges either by thecommanding officer, officer in charge, or some lower echelon betantamount to a deprivation of liberty itself. (b) Implementation. Implementation of temporarywithholding of privileges will be governed by specific proceduresas prescribed by the cognizant authority empowered to grant thatprivilege. (3) EXTENSION OF WORKING HOURS. Deprivation of normalliberty as a punishment except as specifically authorized underthe UCMJ is illegal. Therefore, except as the result ofpunishment imposed by article 15, UCMJ, or by a court-martial, itis illegal for any officer or petty officer to deny to anysubordinate normal liberty or privileges incident thereto aspunishment for any offense or malperformance of duty. However,lawful deprivation of normal liberty may result from otheractions such as authorized pretrial restraint, or deprivation ofnormal liberty in a foreign country or in foreign territorialwaters, when such action is deemed essential for the protectionof the foreign relations of the United States, or as a result ofinternational legal hold restriction. Moreover, it is necessaryto the efficiency of the naval service that official functions beperformed and that certain work be accomplished in a timelymanner. It is, therefore, not a punishment when persons in thenaval service are required to remain on board and be physicallypresent outside of normal working hours, or for theaccomplishment of additional essential work, or for theachievement of the currently required level of operationalreadiness. Good leadership and management practice requires thatthe impact of readiness requirements and work requirements onnormal liberty be kept under continual review. It is expectedthat supervisory personnel will keep their immediate supervisorsinformed when they intend to direct their subordinates to workbeyond normal working hours. (4) CONTROL THROUGH RECOGNITION OF PERFORMANCE. Inaddition to the exercise of lawful authorities, officers andsenior petty officers have an equal basic responsibility tofoster continuing attainment of command objectives throughrecognition of the initiative and exemplary performance ofsubordinates. All officers and senior petty officers areexpected to commend their subordinates publicly when appropriate.Such recognition may include: (a) Awarding letters of commendation and appreciationor recommending such for signature of higher authority.Enclosure (1) 1-10
  • 6. OPNAVINST 3120.32C CH-5 3 April 2003 (b) Initiating recommendations for personal awards. (c) Assigning preferred duties. (d) Initiating recommendations for specialrecognition, such as sailor of the month, quarter, year, force,fleet, and Navy. (e) Making recommendations for reenlistment,assignment to training schools, education or advancement programsand documenting exceptional personal performance in enlistedevaluations.150. COMMUNICATIONS. Communications link together each of theelements of administration and apply equally to all of them.Good administration depends on a smooth, orderly, and constantflow of information which is received, understood, and acceptedby all those concerned. Communications within a unit areexercised primarily through the plan of the day, personal contactand by the issuance of unit instructions and notices. The planof the day which issues daily instruction to personnel assignedto the unit, is a key management tool. Timely guidance andcorrective actions desired can be related to the currentactivities of the unit, thus providing a daily means ofcommunicating information necessary for good administrativecommand and control.160. RECORDS AND INFORMATION MANAGEMENT. Administration is afacilitating function subordinate to other unit functions.Records management is an adjunct to administration. The unitcannot operate without the information contained in the recordsit maintains, yet uncontrolled creation of records leads toadministrative inefficiency. Efficient administration requiresthe development of a Records Management Program within theguidelines established by higher authority. All records followan identical life-cycle in that they are created, classified,stored, retrieved when necessary, and returned to storage ordestroyed. In order to manage these activities, the unit mustestablish the following records management disciplines inaccordance with the following guidelines: a. Correspondence - SECNAVINST 5216.5C b. Forms - SECNAVINST 5213.10D c. Reports - SECNAVINST 5214.2B (NOTAL) d. Administrative Issuances - SECNAVINST 5215.1C(Administrative issuances are discussed more fully in Chapter 10) 1-11 Enclosure (1)