La. Admin. Code tit. 41 § II-434

Current through Register Vol. 50, No. 8, August 20, 2024

Section II-434 - Use of Non-judicial Punishment Records

A. General. Records of proceedings and supplementary action under Article 15 recorded on DA Forms 2627 and 2627-2, previously or hereafter administered, may be used as directed by competent authority. Allied documentation transmitted with the original or copies of DA Forms 2627 and 2627-2, where filed with any of these forms, shall be considered to be maintained separately for the purpose of determining the admissibility of the original or copies of DA Forms 2627 or 2627-2 at courts-martial or administrative proceedings.

B. Admissibility. A record of non-judicial punishment or a duplicate as defined in M.R.E. 1001, not otherwise inadmissible, is a record of completed actions and may be admitted at courts-martial or administrative proceedings from any file in which it is properly maintained by regulation. A record or non-judicial punishment, otherwise properly filed, will not be inadmissible merely because the wrong copy was maintained in a file. It may be considered for use at courts-martial or administrative proceedings independently of any written statements or other documentary evidence considered by an imposing commander, a successor, or a superior authority.

La. Admin. Code tit. 41, § II-434

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2370 (November 2009).

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