N.Y. Comp. Codes R. & Regs. tit. 9 § 515.5

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

Section 515.5 - The commander's legal options

(a) Introduction. Regardless of how a commander learns of an alleged offense, the matter must be promptly and adequately investigated. See chapter 2, FM 27- 1, Legal Guide for Commanders. However, during the course of the investigation, insure that a suspect's rights are not violated (see section 515.6 of this Part).

(b) Once a commander has determined that an offense has been committed, he must take one of the following courses of action:

(1) If the offense is minor, he may impose non-judicial punishment. (See Part 519 of this Title).

(2) If the offense is more serious, the commander may refer same to a commander empowered to convene a summary court-martial (see section 515.2(f)(1) of this Part). The commander empowered to convene a summary court-martial may appoint a summary court-martial officer. A request should first be made to a command with judge advocate personnel to have such command either detail on orders a judge advocate officer to act as a summary court-martial, or, to simply give approval to the subordinate command to detail a particular judge advocate as SCM. Using the latter procedure, the approval of the higher command would be noted in the instruction portion of Part V of the Charge Sheet. By so doing, a separate order detailing the SCM would not be necessary. If a judge advocate is not reasonably available for such detail, the command from which the judge advocate is requested shall immediately so notify the subordinate command and instead detail a disinterested field grade officer to serve as a summary court-martial.

(3) In any event, the commander shall prepare or cause to be prepared the Charge Sheet DMNA form 1050 (see Appendix L-2 [A1] and chapter 4, FM 27-1, Legal Guide for Commanders).

(4) If the charges are more serious, the command may refer such charges to a special court-martial convening authority. However, due to the nature of the offenses contained in the State Code of Military Justice (Part 518 of this Title) convening a special or general court-martial will rarely be appropriate.

(5) If the offense is a violation of State Penal Law, local police should be sought to enforce the violation of State Penal Law.

(6) NOTE: The commander may also utilize a board of officers for the administrative elimination of troublesome personnel. (Army National Guard see AR 135-178 and Air National Guard see ANGR 39-10.)

N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.5