La. Admin. Code tit. 41 § II-403

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-403 - Persons Who May Be Punished

A. The Adjutant General reserves disposition authority over all officer and senior noncommissioned officer in the grade of E7 and above offenses. Unit commanders will forward all offenses of officer and senior noncommissioned officer offenses through the DRU commanders to The Adjutant General.

B. Except as provided by subparagraph (a) of this Paragraph, unit commanders may impose non-judicial punishment upon enlisted members of their command. For purposes of Article 15, military personnel are considered to be "of the command" of a commander if they are:

1. assigned to an organization commanded by that commander.

2. affiliated with the command (by attachment, detail, or otherwise) under conditions, either expressed or implied, which indicate that the commander and the commander of the unit to which they are assigned are to exercise administrative or disciplinary authority over them.

3. unit commanders may impose non-judicial punishment upon enlisted members of their command.

C. Of the Command. To determine if an individual is "of the command" of a particular commanding officer, refer first to those written or oral orders or directives that affect the status of the individual. If orders or directives do not expressly confer authority to administer non-judicial punishment to the commander of the unit with which the service member is affiliated or present (as when, for example, they contain no provision attaching the service member "for disciplinary purposes"), consider all attendant circumstances, such as:

1. the phraseology used in the orders.

2. where the service member slept, ate, was paid, performed duty, the duration of the status, and other similar factors.

D. If orders or directives include such terms as "attached for administration of military justice," or simply "attached for administration," the individual so attached will be considered to be of the command of the commander of the unit of attachment for the purpose of Article 15.

La. Admin. Code tit. 41, § II-403

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2360 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).