La. Admin. Code tit. 41 § II-423

Current through Register Vol. 50, No. 8, August 20, 2024
Section II-423 - Suspension
A. General. Ordinarily, punishment is suspended to grant a probational period during which a service member may show that he deserves a remission of the remaining suspended punishment. An executed punishment of reduction or forfeiture may be suspended only within a period of six months after the date imposed. Suspension of non-judicial punishment may not be for a period longer than six months from the suspension date, and the expiration of the current enlistment or term of service of the service member involved automatically terminates the period of suspension. [See Figure 4-8.]
B. Remission. Unless the suspension is sooner vacated, suspended portions of the punishment are remitted, without further action, upon the termination of the period of suspension.
C. Conditions of Probation. Unless otherwise stated, an action suspending a punishment includes a condition that the service member not violates any punitive article of the code. The non-judicial punishment authority may specify in writing additional conditions of the suspension. Further misconduct by the service member, within the period of the suspension, may be grounds for vacation of the suspended portion of the punishment.

La. Admin. Code tit. 41, § II-423

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2366 (November 2009).
AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).