La. Admin. Code tit. 41 § II-436

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

Section II-436 - Announcement of Punishment

A. General. In order to be effective, the military justice system must not only function properly, but it must also appear to function properly. For this reason, the commander will announce the disposition of all cases involving non-judicial punishment of personnel in grade of E-4 and below. The punishment may be announced at the next unit formation after punishment is imposed or, if appealed, after the decision on the appeal. It also may be posted on the unit bulletin board. The purpose of announcing the results of punishments is to preclude perceptions of unfairness of punishment and to deter similar misconduct by other service members. An inconsistent or arbitrary policy should be avoided regarding the announcement of punishment that might result in the appearance of vindictiveness or favoritism.

B. Grades E5 and above. In the cases of personnel in grade E-5 and above, any announcement of Article 15 disposition is discretionary with the commander imposing the punishment. The commander must consider the impact on unit morale and the impairment to job or leadership effectiveness of the individual concerned. In deciding whether to announce punishment of service members in the grade of E5 or above, the following should be considered:

1. the nature of the offense;

2. the individual's military record and duty position;

3. the deterrent effect;

4. the impact on unit morale or mission;

5. the impact on the victim (if any);

6. the impact on the leadership effectiveness of the individual concerned.

C.Article 15 Maximum Punishments Table (Figure 4-1)

Formal¹Article 15 Maximum Punishments Chart

Commander Imposing Article 15	Upon Service member Ranks	Reduction In Rank²	Fine	Forfeiture of Pay	Admonition or Reprimand	Restriction	Extra Duty	Arrest In Quarters
Company / Detachment Commander (O3 or below)	E-1 to E-4	One Pay Grade	None	$50	Yes	14 days³	14 days³	None
Company / Detachment Commander (O3 or below)	E-5 to E-7	None	None	$50	Yes	14 days³	14 days³	None
Battalion / Squadron Commander (O4 or O5)	E-1 to E-4	To lowest or any intermediate grade	$25	$100	Yes	14 days³	14 days³	None
	E-5 to E-6	Not more than one grade⁶	$25	$100	Yes	14 days³	14 days³	None
	E-7*	None	$25	$100	Yes	14 days³	14 days³	None
DRU Commander / SPCMCA (O5 or O6)	E-7 to E-8*	Not more than one grade⁶	$25	$100	Yes	14 days³	14 days³	None
DRU Commander / SPCMCA (O5 or O6)	E-9*	None	$25	$100	Yes	14 days³	14 days³	None
TAG or Designee	E-9*	Not more than one grade⁶	$25	$100	Yes	14 days³	14 days³	None
TAG or Designee	Officers (Commissioned and Warrant)*	None	$100	$100	Yes⁴	15 days⁵	None	15 days⁵

Notes:

Summarized Article 15s carry maximum authorized punishments not exceeding any combination of: 14 days extra duties; restriction; oral admonition or reprimand.

Commanders may only demote from a grade within the commanders' promotion authority. Enlisted members above E-4 may not be reduced more than one grade.

Restrictions and extra duties must be performed while Service member is on duty status. They may be combined to run concurrently, but the combination may not exceed the maximum imposable for extra duty.

Admonitions and/or reprimands given to officers as NJP must be administered in writing.

Arrest in quarters may not be imposed in combination with restriction for officers.

Only TAG can reduce an E-9. Only TAG or an O6 DRU CDR (with TAG release of disposition) can reduce an E-7 or E-8. Only TAG, a DRU CDR, or an O5 BN CDR can reduce an E-5 or an E-6.

* TAG retains the authority to dispose of any and all allegations of misconduct involving officers and senior non-commissioned officers in the rank of E-7 and above. Subordinate commanders must transmit the allegations along with their recommendations through their servicing Judge Advocate to JFHQ-LA-SJA for review by TAG.

D. Reserved For Future Publication (Figure 4-2)

E. Formal Article 15 (Figure 4-3)

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F. Record of Supplementary Action under Article 15 with continuation page (Figure 4-4)

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G. Summarized Article 15 (Figure 4-5)

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H. Judge Advocate Review of Article 15 (Figure 4-6)

LANG-XXX

DATE

MEMORANDUM FOR [Commander]

SUBJECT: Legal Sufficiency Review of Article 15, SGT JOHN DOE, XXX-XX-XXXX

ISSUE: Presented for decision is appeal of Article 15 administered to above named individual.

BACKGROUND AND DISCUSSION:

a. On 10 July 2006, LTC HARD CHARGER imposed Article 15 punishment on SGT JOHN DOE. Punishment imposed was reduction two (2) pay grades, fine of $25.00, and 2 days extra duties, to be performed during upcoming AT.

b. SGT DOE is appealing the Article 15 and has submitted additional matters. He is specifically contesting the amount of the extra duties.

RECOMMENDATION: Review of the attached evidence indicates that the punishment is within the range of appropriateness and the proceedings were properly conducted under the current law and regulations. It should be noted that extra duties, to be lawful, must be performed while Service member is on duty status. Accordingly, I recommend denial of the appeal.

[SIGNATURE BLOCK]

I. Request to Superior to Exercise Article 15 Jurisdiction (Figure 4-7)

LANG-XXX

DATE

MEMORANDUM FOR CDR, [Appropriate Command Level Unit]

SUBJECT: Request for Action UP LCMJ Article 15

The enclosed report indicates that on or about 5 May 1992 at North Fort Polk, LA, SGT John Q. Public,

123-45-6789, a member of this unit, was absent without leave. This act is punishable under LCMJ Article

I recommend you exercise your non-judicial punishment authority in the disposition of this case.

[SIGNATURE BLOCK]

NOTES: No recommendation may be made as to the kind or amount of punishment to be imposed this memorandum form may be used in lieu of DA Form 5109-K See paragraph 4-5(d).

J. Sample Endorsements for Remission. Mitigation. Suspension or Setting Aside of NJP (Figure 4-8)

LANG-XXX

DATE

MEMORANDUM FOR

On ____, 19_, (I) (my predecessor in command) (the Commander, ____) imposed non-judicial punishment on you, consisting of ____. (No part of the punishment) The time punishment) that portion of the punishment relating to ____) was suspended. (You have requested action be taken to remit [the punishment] [the unserved portion of the punishment] [that portion of the punishment relating to 1).

I hereby remit (the punishment) (the unserved portion of the punishment) (the portion of the punishment relating to _____) effective (immediately) 19J.

I hereby mitigate (the punishment) (so much of the punishment as relates to portion of the punishment relating to _____) to _______.) (the unserved portion of the punishment)

I hereby suspend (the punishment) (the unserved portion of the punishment) (the portion of the

punishment relating to ____) until ____, 19_, at which time, unless the suspension is sooner vacated, it will be remitted.

2. I hereby set aside (the punishment) (the unserved portion of the punishment) (the unserved portion of the punishment relating to ]. All rights, privileges, and property of which you have been deprived by (that portion of) the sentence set aside will be restored.

NOTE: If the action taken results in eliminating or suspending a reduction which was previously in effect, a paragraph in substantially the following form should be added

Your date of rank as (Private First Class) is ____

[SIGNATURE BLOCK]

K. Sample Endorsement for Revocation of Suspension of NJP (Figure 4-9)

LANG-XXX

DATE

MEMORANDUM FOR

On ____, 19, (I) (my predecessor in command) (the Commander, imposed non-judicial punishment on you, consisting of ____. The portion of the punishment relating to ____ was suspended.

I hereby revoke the suspension of that portion of the punishment relating to ____, effective

(immediately).

You are expected to ____ [here set out any special and necessary instructions as to how you expect the member to carry out the punishment ordered into effect.]

[SIGNATURE BLOCK]

La. Admin. Code tit. 41, § II-436

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).