Philadelphia, Pennsylvania, November 21, 2023 – On the November 8^th, 2023, the Secretary of the Navy issued clarifying guidance that Sailors assigned to ships in the yards (or not a current operational asset) may now request a court-martial in lieu of Captain’s Mast. This is a radical departure from a decades-long position that Sailors assigned to a ship could not request a court-martial when faced with Captain’s Mast.

Article 15 of the Uniform Code of Military Justice provides an exception for Sailors “embarked to a vessel” who want to turn down the offer of non-judicial Captain’s Mast and request a court-martial. “Embarked on a vessel” is defined in the Manual for Courts-Marital as “a person … assigned or attached to the vessel, is on board for passage, or is assigned or attached to an embarked staff, unit, detachment, squadron, team, air group, or other regularly organized body.” Until now, the Navy has taken a broad interpretation of “assigned or attached to the vessel” to mean if you are assigned to a ship regardless of whether its keel is in the water or not, e.g., in the yards, in dry dock on blocks, or “welded to the pier” undergoing maintenance, you are assigned “to the vessel,” and unable to request court-martial.

We are encouraged by Secretary Del Toro’s decision. Sailors experiencing toxic leadership – all to uncommon problem in the Navy, can seek an outside and independent review and the higher burden of proof a court-martial provides. However, the risks of requesting a court-martial over Captain’s Mast are real. You should always consult with a judge advocate or civilian attorney who specializes in military justice to understand those risks.

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With more than 100 years of combined experience, the attorneys of MNB Meridian Law, Ltd. are the Nation’s foremost experts on military administrative law and the effects of administrative punishment on current Service members, as well as the life-long 2nd and 3rd order effects these issues will have on their post service lives. There is no reason to face an investigation, reprimand, relief from duty, administrative separation, ADSEP board, or other adverse action alone. MNB Meridian Law was purpose built to stand with you as you navigate the issues and defend your career, pay, benefits, entitlements, and reputation.