La. Admin. Code tit. 41 § II-416

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

Section II-416 - Appeals, Generally

A. Timeliness. Only one appeal is permissible under Article 15 proceedings. An appeal not made within a reasonable time may be rejected as untimely by the superior authority. A reasonable time will vary according to the situation; however, an appeal (including all documentary matters) submitted more than five days after the punishment is imposed will be presumed to be untimely unless the superior commander, in his sound discretion for good cause shown, determines it to be timely.

B. Change of Intention. If, at the time of imposition of punishment, the service member indicates a desire not to appeal, the superior authority may reject a subsequent election to appeal, even though it is made within the 5 day period.

C. Vacation of Suspended Punishment. Although a suspended punishment may be appealed, no appeal is authorized from the vacation of a suspended punishment. Vacation of a suspended non-judicial punishment is not itself non-judicial punishment and additional action to impose non-judicial punishment for a violation of a punitive article of the code upon which the vacation action is based is not precluded thereby. The accused is entitled to be confronted with the allegations that give rise to the vacation of a suspended punishment. Though no right exists to a full hearing, the accused should, in the absence of extraordinary circumstances, be given the opportunity to consult with a Judge Advocate and to present a written response to the allegations raised by the convening authority. [See Para 4-24 and Figure 4-.8]

La. Admin. Code tit. 41, § II-416

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2364 (November 2009).

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