La. Admin. Code tit. 41 § II-420

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

Section II-420 - Action by a Judge Advocate on Appeal

A. General. The Judge Advocate review on Article 15 appeals may be either oral or written. If given orally, that fact and the name of the Judge Advocate who rendered the advice will be recorded on the DA Form 2627, item 8. The Judge Advocate is not limited to an examination of written matters of the record of proceedings, and may make any inquiries that are necessary. An example of the Judge Advocate Review on Appeal is located at Figure 4-6.

B. Inquiry. The Judge Advocate Review shall address the following issues:

i. the appropriateness of the punishment.

ii. whether the proceedings were conducted under law and regulations.

C. Review Standard. Only deviations that substantially affect the proceedings shall give cause for relief.

La. Admin. Code tit. 41, § II-420

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).