N.Y. Comp. Codes R. & Regs. tit. 9 § 515.3

Current through Register Vol. 46, No. 24, June 12, 2024

Section 515.3 - Non-judicial punishment

(a) General. Where a commander determines that non-judicial punishment is the appropriate vehicle for dealing with an offense, he will resort to section 130.15 of the Military Law of the State of New York. This section is the functional equivalent of article 15 of the UCMJ. Such proceedings are governed by Part 519 of this Title.

(b) Who may impose section 130.15 punishment. A company grade officer in command may impose nonjudicial punishment as outlined by regulation. If a company grade officer does not feel that company grade punishment is adequate for the offense, the case should be forwarded to the field grade commander with a request that the field grade commander exercise authority under the provisions of section 130.15. See Appendix L-2, Request to Superior to Exercise Article 15 Jurisdiction, DMNA form 1058. The company grade commander may not recommend punishment. As appropriate, the field grade commander may return the case to the company grade commander for disposition. A superior may not direct a subordinate commander to take action or dictate the type of punishment to be imposed. A field grade commander may impose punishment as outlined by regulation. A general or flag officer may impose punishment as outlined by regulation.

(c) No right to demand courts-martial. National Guard enlisted personnel whether on orders under title 32, United States Code, or State active duty under the New York State Military Law may not demand trial by court-martial in lieu of non-judicial punishment.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.3