La. Admin. Code tit. 41 § II-419

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

Section II-419 - Action by the Imposing Commander on Appeal

A. General. The imposing commander or successor-in-command may take any action on the appeal with respect to the punishment that the superior authority could take (see paragraph 4-20). If the imposing commander or successor-in-command suspends, mitigates, remits, or sets aside any part of the punishment, this action will be so recorded according to instructions on the DA Form 2627 or 2627-1.

B. Inquiry. If such action (suspension, mitigation, remission or set aside) is taken by the imposing commander, the appealing member (the "appellant") will be so advised and asked to state whether, in view of this action, the appellant wishes to withdraw the appeal. Unless the appeal is voluntarily withdrawn, the appeal will be forwarded to the appropriate superior authority. An officer forwarding the appeal shall attach a detailed report of the incident, any comments he deems appropriate, and the appellant's permanent record.

C. Presumption. Any allegations by the appellant, if unrebutted by the forwarding commander, may be accepted as valid and considered by the reviewing officer.

D. Consulting Legal Counsel Availability. The imposing commander (or successor-in-command) will make available to the service member reasonable assistance (legal and otherwise) in preparing the appeal, and will promptly forward the appeal to the appropriate superior authority.

La. Admin. Code tit. 41, § II-419

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).