THE final authority to withhold a privilege rests with what individual

2-2 Regulations). We must not characterize orders with tyrannical or capricious conduct (an erratic change in behavior) or by abusive language (article 1023, U.S. Navy Regulations). Since authority is given only to fulfill duties and responsibilities, we need to delegate only as much organizational authority as necessary to fulfill  those  duties  and  responsibilities.  Delegation should  never  be  made  beyond  the  lowest  level  of competence.  Limitations,  therefore,  may  be  set  by command. LAWFUL ORDERS An  order  must  be  lawful.  Any  order  imposing punishment outside the framework of the Uniform Code of Military Justice (UCMJ) is unlawful. Punishment may only be through the judicial process or nonjudicially through article 15 of the UCMJ (commanding officer’s nonjudicial punishment). However, petty officers may take certain measures to correct minor infractions that do not merit punishment under article 15 of the UCMJ. The following   nonpunitive   measures   are   available   to supervisors through their commanding officers. Extra Military Instruction Extra military instruction (EMI) is a type of military duty used to correct a deficiency of an individual. EMI is a nonpunitive measure approved by the Manual for Courts-Martial and outlined in the Manual of the Judge Advocate General. EMI is a training device intended to improve  efficiency  of  a  command  or  unit.  EMI  is intended as a corrective measure. Therefore, you must give EMI with the intention of correcting a deficiency in performance of military duty, not with the intention of substituting it for punitive action under the UCMJ. EMI must have a logical relationship to the deficiency you are correcting. The duration of EMI is only for the period required to correct the performance deficiency. Normally, EMI assignments are for no more than 2 hours per day. EMI is done at a reasonable time outside normal working hours. Its purpose is not to deprive a member of normal liberty. EMI is not to be done on a person’s Sabbath. A member who has entitlement to liberty may begin normal liberty upon completion of EMI. The authority to assign EMI rests with the commanding officer, but delegation of the authority to assign EMI may be part of a normal supervisory task. Permission for delegation of authority ordinarily is not given below the chief petty officer (CPO)  level.  However,  in  exceptional  cases  when qualified petty officers are filling CPO billets in an organizational unit (division,  major  work  center,  or comparable organization) that contains no CPO, the authority may be delegated to a senior petty officer. Withholding of Privileges The temporary withholding of a privilege is another nonpunitive measure. Supervisors can use this measure to correct minor infractions of military regulations or performance  deficiencies.  A  privilege  is  a  benefit provided  for  the  convenience  or  enjoyment  of  an individual. Some examples of privileges that we can withhold as nonpunitive measures are special liberty, exchange of duty, special command programs, the use of base or ship libraries, base or ship movies, base parking, and base special services events. The final authority to withhold a privilege rests with the authority that grants the privilege. Thus at times you only can recommend the withholding of a privilege through your chain of command. However, when you think it is necessary, you should make the recommendation.  The  action  could  correct  a  minor infraction, thereby, increasing the efficiency of your division. Extension of Working Hours Deprivation of normal liberty  as  a  punishment, except as specifically authorized under the UCMJ, is illegal. Supervisors cannot deny personnel normal liberty as a punishment for any offense or for poor performance of duty. However, supervisors can require personnel to perform tasks efficiently and in a timely manner. Thus naval personnel are not receiving punishment when they have to remain on board outside of normal working hours to complete work assignments, perform additional essential  work,  or  maintain  the  required  level  of operational readiness. Supervisors must inform their superiors when they intend to direct subordinates to work beyond normal working hours. Remember that the work   must   be   essential,   must   have   a   readiness requirement, or must be work that should have been finished during the normal workday.