La. Admin. Code tit. 41 § II-417

Current through Register Vol. 50, No. 9, September 20, 2024
Section II-417 - Who May Act on Appeal
A. General. The authority next superior to the commander will act on an appeal if the service member punished is still of the command of that officer at the time of appeal.
B. Next Superior Rule. If the commander has acted under a delegation of authority, the appeal will be acted on by the authority next superior to the delegating officer. If, at the time of appeal, the service member is no longer of the imposing commander's command, the authority next superior to the service member's present commander (who can impose the same kind and amount of punishment as than imposed or resulting from subsequent modifications) will act on the appeal. The authority "next superior" to an imposing commander is normally the next superior in the chain of command or such other authority as may be designated by competent authority as being next superior for the purposes of Article 15.

La. Admin. Code tit. 41, § II-417

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2365 (November 2009).
AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).