Current through Register Vol. 50, No. 9, September 20, 2024
Section II-414 - Non-Judicial Punishment Based on Record of Court of Inquiry or Other Investigative BodyA. General. Non-judicial punishment may be based on the record of a court of inquiry or other investigative body, in which proceeding the member was accorded the rights of a party. No additional proceeding in the nature of a hearing is required.B. Procedure. The service member shall be informed in writing that non-judicial punishment is being considered based on the record of the proceedings in question, and given the opportunity, if applicable, to refuse non-judicial punishment. If the service member does not demand trial by court-martial, the service member may submit, in writing, any matter in defense, extenuation, or mitigation, to the officer considering imposing non-judicial punishment, for consideration by that officer to determine whether the member committed the offenses in question, and, if so, to determine an appropriate punishment.La. Admin. Code tit. 41, § II-414
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2363 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).