Friday, November 29, 2019

Nonjudicial Punishment (Article 15) Appeals

Nonjudicial Punishment (Article 15) AppealsNonjudicial Punishment (Article 15) AppealsIf nonjudicial punishment (NJP) is imposed, the commanding officer is required to ensure that the accused is advised of his right to appeal. A person punished under Article 15 may appeal the imposition of such punishment through proper channels to the appropriate appeal authority. Timing of Appeals Appeals must be submitted in writing within five calendar days of the imposition of NJP, or the right to appeal shall be waived in the absence of good cause shown. The appeal period begins to run from the date of the imposition of NJP, even though all or any part of the punishment imposed is suspended. If it appears to the accused that good cause may exist which would make it impracticable or extremely difficult to prepare and submit the appeal within the 5 calendar day period, the accused should immediately advise the officer who imposed the punishment of the perceived problems and requests an approp riate extension of time. The officer imposing NJP shall determine whether good cause was shown and shall advise the accused whether an extension of time will be permitted. A servicemember who has appealed may be required to undergo any restraint punishment or extra duties imposed while the appeal is pending, except that, if action is elendlage taken on the appeal by the appeal authority within five days (not working days) after the written appeal has been submitted, and if the accused has so requested, any unexecuted punishment involving restraint or extra duties shall stay until action on the appeal is taken. Two Grounds for Appeal There are only two grounds for appeal the punishment was unjust or the punishment was disproportionate to the offense committed. Unjust punishment exists when the evidence is insufficient to prove the accused committed the offense when the statute of limitations prohibits lawful punishment or when any other fact, including a denial of substantial rig hts, calls into question the validity of the punishment. Punishment is disproportionate if it is, in the judgment of the reviewer, too severe for the offense committed. An offender who believes his punishment is too severe thus appeals on the ground of disproportionate punishment, whether or not his letter artfully states the ground in precise terminology. Note, however, that a punishment may be legal but excessive or unfair considering circumstances such as the nature of the offense the absence of aggravating circumstances the prior record of the offender and any other circumstances in extenuation and mitigation. The grounds for appeal need not be stated artfully in the accuseds appeal letter, and the reviewer may have to deduce the appropriate ground implied in the letter. In artful draftsmanship or improper addressees or other administrative irregularities are not grounds for refusing to forward the appeal to the reviewing authority. If any commander in the chain of addressees notes administrative mistakes, they should be corrected, if material, in that commanders endorsement which forwards the appeal. Thus, if an accused does not address his letter to all appropriate commanders in the chain of command, the commander who notes the mistake should merely readdress and forward the appeal. He should not send the appeal back to the accused for redrafting since the appeal should be forwarded promptly to the reviewing authority. The officer who imposed the punishment should not, by endorsement, seek to defend against the allegations of the appeal but should, where appropriate, explain the rationalization of the evidence. For example, the officer may have chosen to believe one witness account of the facts while disbelieving another witness recollection of the saatkorn facts and this should be included in the endorsement. This officer may properly include any facts relevant to the case as an aid to the reviewing authority but should avoid irrelevant character assa ssination of the accused. Finally, any errors made in the decision to impose NJP or in the amount of punishment imposed should be corrected by this officer and the corrective action noted in the forwarding endorsement. Even though the corrective action is taken, the appeal must still be forwarded to the reviewer. As a preliminary matter, it should be noted that NJP is not a criminal trial, but rather an administrative proceeding, primarily corrective in nature, designed to deal with minor disciplinary infractions without the stigma of a court-martial conviction. As a result, the standard of proof applicable at Article 15 hearings is preponderance of the evidence vice beyond areasonable doubt. Procedural and Evidentiary Errors Errors of procedure do not invalidate punishment unless the error or errors deny a substantial right or do substantial injury to such right. Thus, if an offender was not properly warned of his right to remain silent at the hearing, but made no statement, h e has not suffered a substantial injury. If an offender was not informed that he had a right to refuse NJP, and he had such a right, then the error amounts to a denial of a substantial right. Strict rules of evidence do not apply at NJP hearings. Evidentiary errors not amounting to insufficient evidence, will not normally invalidate punishment. Lawyer Review Part V, para. 7e, MCM (1998 ed.), requires that, before taking any action on an appeal from any punishment in excess of that which could be given by an O-3 commanding officer, the reviewing authority must refer the appeal to a lawyer for consideration and advice. The advice of the lawyer is a matter between the reviewing authority and the lawyer and does not become a part of the appeal package. Most of the services now require that all NJP appeals be reviewed by a lawyer prior to action by the reviewing authority. Authorized Appellate Action In acting on an appeal, or even in cases in which no appeal has been filed, the superior authority may exercise the same power with respect to the punishment imposed by the officer who imposed the punishment. Thus, the reviewing authority may Approve the punishment in wholeMitigate, remit, or set aside the punishment to correct errorsMitigate, remit, or suspend (in whole or in part) the punishment for reasons of clemencyDismiss the case (If this is done, the reviewer must direct the restoration of all rights, privileges, and property lost by the accused by virtue of the imposition of punishment.), or?Authorize a rehearing where there are substantial procedural errors not amounting to a finding of insufficient evidence to impose NJP. At the rehearing, however, the punishment imposed may be no more severe than that imposed during the original proceedings, unless other offenses which occurred subsequent to the date of the original proceeding are added to the original offenses. If the accused, while not attached to or embarked in a vessel, waived his right to deman d atrial by court-martial at the original proceedings, he may not assert this right as to those same offenses at the rehearing but may assert the right as to any new offenses at the rehearing. Upon completion of action by the reviewing authority, the servicemember shall be promptly notified of the result. Source Information derived fromHandbook of Military Justice Civil Law

Sunday, November 24, 2019

5 words upper-level Fortune 500 employees use to stand out on LinkedIn

5 words upper-level Fortune 500 employees use to stand out on LinkedIn5 words upper-level Fortune 500 employees use to stand out on LinkedInAmericans may be the smiliest people on LinkedIn, but wordchoice also matters on the professional networking platform. Automated proofreader Grammarly conducted a study of750 LinkedIn profiles of workers at Fortune 500 companies, includingentry-level workers, managers, and directors.The company found that directors used certain words in their profiles far more often than those at lower levels.Heres what they used - you can do the same.Use these five words on your LinkedIn profileunterstellung are the top professional terms used more by directors, according to the research.1) LeaderThirty-seven percent of directors used this term, along with 29% of managers - compared to just 20% of entry-level workers.2) StrategicThirty-two percent of directors included this in their LinkedIn profiles, compared to 12% of managers and 5% of entry-level employees .3) SolutionTwenty percent of directors used this, compared to 12% of managers and 10% of entry-level workers.4) InnovativeNine percent of directors, 7% of managers, and 4% of entry level employees included this on their profiles.5) ROIFour percent of directors reportedly included return on investment. As in I increased company ROI by 120%.Employees profiles had this many words in certain sectionsGrammarlys research also measured the average number of words in profile summary boxes - though not everyone featured text there.Entry-level workers had an average of 70 words in the profile summary, while managers had an average of 80, and directors had 97 on average.The research also took a look at the average amount of words in the work experience area, with entry-level workers having an average of 106, managers having 192 on average, and directors having 169 on average.The research also points out thatjob title length increased on the way up the corporate ladder - entry-level workers tended to have titles about three words in length, while this number was four for managers and six for directors.Dont ramble on LinkedInYou want to communicate effectively - just be brief about it.A LinkedIn communication document says to keep it short and sweet, saying that in todays busy world, no one wants to read long, dense paragraphs on their computer or smartphone. Keep your profile summary, messages, group discussion postings, and recommendations clear and to the point.5 words upper-level Fortune 500 employees use to stand out on LinkedInAmericans may be the smiliest people on LinkedIn, but wordchoice also matters on the professional networking platform. Automated proofreader Grammarly conducted a study of750 LinkedIn profiles of workers at Fortune 500 companies, includingentry-level workers, managers, and directors.The company found that directors used certain words in their profiles far more often than those at lower levels. Heres what they used - you can do the same. Th ese are the top professional terms used more by directors, according to the research.Follow Ladders on FlipboardFollow Ladders magazines on Flipboard covering Happiness, Productivity, Job Satisfaction, Neuroscience, and more1) LeaderThirty-seven percent of directors used this term, along with 29% of managers - compared to just 20% of entry-level workers.2) StrategicThirty-two percent of directors included this in their LinkedIn profiles, compared to 12% of managers and 5% of entry-level employees.3) SolutionTwenty percent of directors used this, compared to 12% of managers and 10% of entry-level workers.4) InnovativeNine percent of directors, 7% of managers, and 4% of entry level employees included this on their profiles.5) ROIFour percent of directors reportedly included return on investment. As in I increased company ROI by 120%.Employees profiles had this many words in certain sectionsGrammarlys research also measured the average number of words in profile summary boxes - thoug h not everyone featured text there.Entry-level workers had an average of 70 words in the profile summary, while managers had an average of 80, and directors had 97 on average.The research also took a look at the average amount of words in the work experience area, with entry-level workers having an average of 106, managers having 192 on average, and directors having 169 on average.The research also points out thatjob title length increased on the way up the corporate ladder - entry-level workers tended to have titles about three words in length, while this number was four for managers and six for directors.Dont ramble on LinkedInYou want to communicate effectively - just be brief about it.A LinkedIn communication document says to keep it short and sweet, saying that in todays busy world, no one wants to read long, dense paragraphs on their computer or smartphone. Keep your profile summary, messages, group discussion postings, and recommendations clear and to the point.This article was first published on October 10, 2017.

Thursday, November 21, 2019

Five proven ways to build powerful relationships

Five proven ways to build powerful relationshipsFive proven ways to build powerful relationshipsMeaningful, mutually beneficial relationships are what lead to growth and tremendous opportunities. As much as we seek to advance ur own cause or profit, we learn in life that we elevate ourselves most when we seek to advance the cause and goals of the people we meet. This principle of the law of reciprocity is so important that we must lead with giving value to others if we aim to receive value in return.So many people jump right into trying to make money or living the dream without building relationships. Or worse yet, once they work to build a relationship, they do so under the guise of mutually beneficial gain, while only concerning themselves in thought and action with themselves.Speaking from experience, Ill tell you that youre worse off if you ever succeed in doing this. Because sooner or later, the joke will be on you, and youll find yourself worse off than where you began.Whether youre an entrepreneur or freelancer, or whether youre the founder of a start-up looking to scale your business, you will discover that you need relationships to survive. We need people to lean on in times of adversity and lost hope. We need people to coach and mentor us when we dont know the way. We need people to open doors for us that otherwise would remain closed.We need people who care to motivate, inspire and enable us to see in ourselves the image - the person - that weve always wanted to become.Business. Life. Personal and Professional Growth are about relationships. Here are five proven ways to build powerful, lasting relationships that yield value for each person.1. Give without expecting anything in returnThis advice is timeless because it is the single-best way to build relationships and positively influence people. When youre meeting with someone, show them what you can do for them. Dont just tell them. If you want someone to experience meaningful value, give it to the m and do so with maximum impact.This is so significant because it flips the paradigm so many people operate under Many people are unsuccessful at building relationships because theyre only in it for themselves.Well, guess what? If the world worked that way, none of us would get anything This is a narrow-minded focus and it doesnt work in business or in personal relationships. So, dont just think about giving value to others. Show them. Prove to them what value you can give them. Think about something that youre good at. What expertise do you have? What knowledge can you share with someone else that will enrich their life?Its wise to go into a meeting or conversation with an objective of what you want to get out of it. I think youll find that youll have so much more if you lead with generosity and service instead of only focusing on your own wants and needs.2. Show someone that you careHave a passionate curiosity around learning more about the people you already know, as well as the people you havent met yet. A great way to start here is to think about the things you admire in other people. What people in your life - or famous people - do you look up to? Paint a very clear picture and visualize in your mind what it is about them that makes you curious and enthusiastic about wanting to know them.From there, you can develop questions. You can become a detective. Get to know them. Schedule time to get on their calendar and meet at a time and location that is convenient for them. Ask them questions.What makes them tick?How do they define success?What do they love?What do they really want out of life?When youre curious and inquisitive, your enthusiasm and passion show. In other words - the best parts of you show. Isnt that how you want to represent yourself?3. Find a common schuldverschreibung (past) and determine how to leverage that to grow with that person (future)The pieces of who we are form and assemble from our past. Connections, impactful moments, ways th at we self-identify, these are formed from the experiences of our past. Find a common bond that you share with someone else. It could be an alumni connection, sports league or hobby that has been a huge part of your life.Think about what you might have in common, then listen. Focus on the other person and give that person your undivided attention and you will realize the importance of listening. Keep your ears open and youll discover themes in their story or their experience that might crossover with your own.In order to build with someone into the present and future, we have to know where theyve been. Maybe weve shared experiences and dreams that are very similar.4. Take that meeting with someone successful, even if you think YOU wont get something out of it.Theres always something to learn. I dont believe, at least in short-term theory, about Mark Cubans advice about only taking a meeting for money. For one, thats a very short-term strategy and way of looking at things. But hey, m aybe thats the way one feels when they become one of the richest people in the worldBut its not the way I feel, because Ive learned so much from taking meetings and getting mentoring and advice from others. Successful people are usually willing to share how theyve gotten to where they have. Listen up and go in without your own agenda. You may come out with more wisdom than you could have imagined.5. Be mindful and on the lookout for innovative ideas and opportunitiesLast but not least, become adept at reading between the lines. We dont always know what well hear. That meeting we take that might have originated under the auspices of trying to find a new job, might lead to the idea that helps us frame-up the purpose and mission for our lives.Be opportunistic. Keep an open-mind and you will never go wrong. Live by values and LEAD with values. Be true to you word. Be a person of integrity. Ive created and cultivated powerful relationships by following these five principles. Theyre yours to use. Youll flourish if you put them into practice.Show the people around you that you care about them and that youre willing to put them first. This is the mark of a true leader. Great leaders are vulnerable and unselfish. Ultimately, they thrive by exhibiting this behavior and in so doing, they earn the respect of all.Build the life you wantJoin my newsletterwhere I share inspirational and content and tools that will help you build the life you want. If youre interested in working with metry me here.Thisarticlefirst appeared on Medium.