N.Y. Comp. Codes R. & Regs. tit. 9 § 519.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 519.7 - Records of punishment, dmna form 1057 (appendix l-2[a16])

(a) Disposition of DMNA form 1057 (Appendix L-2[A16]). Copies of written or other documentary evidence pertaining to the case which has been considered by the officer imposing the non-judicial punishment or the commander on appeal are attached to DMNA form 1057.

(b) Distribution:

(1) Original. Unit of assignment for filing in the military personnel records of the individual to be maintained for three years. If the case is appealed, original goes forward with the MPRJ to the next higher headquarters.

(2) First copy. Member concerned.

(3) Second copy. For commander's use.

(4) Third copy. In the case of AGR personnel, this copy will be forwarded to MNSP-AGR, 330 Old Niskayuna Road, Latham, NY 12110-2224.

(c) Disposition of all documents when action is appealed.

(1) Action is set aside. All local records are destroyed if appeal by member is successful.

(2) Action is under appeal. When a member receiving punishment under section 130.15 elects to appeal the same, materials relied on in support of the appeal are submitted in writing to the commander imposing punishment. This must be accomplished within 35 calendar days from the date of imposition of punishment, unless additional time is granted.

(i) Forwarding of the appeal. After making any comments necessary to rebut statement(s) furnished by the member initiating the appeal, the commander who initially imposed punishment will forward the member's MPRJ and all pertinent documents to the next higher headquarters for review.

(ii) Action by reviewing authority. After reviewing the appeal, the officer concerned will accomplish one of the procedures below:

(a) If the section 130.15 action is set aside, the appeal and all pertinent documents are returned to the member's commander along with the MPRJ. The member's commander will ensure that all local records of the section 130.15 proceeding are destroyed.

(b) If the reviewing officer affirms the action, whether or not the punishment is modified, he will return the appeal with his decision to the commander. The decision will be accompanied by all documents and the MPRJ of the member concerned. The reviewing officer will maintain a record of the section 130.15 proceeding and will destroy the same upon expiration of the term of punishment.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 519.7