Final answer:
Military rules of evidence do not apply at Non-Judicial Punishment (NJP); instead, the commanding officer can consider relevant evidence at their discretion. The Jordan case involved civil litigation and the appellate court's decision was based on uniform standards applied to all candidates.
Step-by-step explanation:
No, military rules of evidence do not apply at Non-Judicial Punishment (NJP), which is an administrative proceeding. At NJP, a commanding officer can address minor offenses without the need for a formal court-martial. The process is more streamlined and does not adhere to the strict rules of evidence found in military courts. Instead, commanding officers have discretion to consider a wide range of evidence as long as it is relevant to the case at hand.
As for the case mentioned, Jordan sued the police department, but this was a civil litigation matter, not an NJP or military proceeding. The upholding of that decision by the 2nd U.S. Circuit Court of Appeals was based on the fact that the same standards were applied to everyone who took the exam, thus no discrimination occurred. This illustrates the difference in legal standards and proceedings between civil cases and military administrative actions such as NJP.