N.Y. Comp. Codes R. & Regs. tit. 9 § 520.1

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

Section 520.1 - Who may impose non-judicial punishment

(a) General.

(1) Commander includes the person duly appointed by superior authority as commander of NYANG or of any New York Air National Guard Wing, Group, Squadron of Flight.

(2) Responsible Commander is the commander who intends to impose or who has imposed non-judicial punishment or who has taken remedial action, in a given action, as the case may be.

(3) Members of his command refers to the assigned members of the element or organization commanded, and others on temporary duty with or otherwise attached to, the element, or organization. An attachment on TDY orders for the specific purpose of exercising non-judicial punishment authority is not necessary if the commander exercises the usual responsibilities and attributes of command over the member. In such case the commander has concurrent authority with the commander of the member's element or organization of assignment. In the case of Active Guard/Reserve (AGR) members, commander includes the lowest level supervisor of an AGR member at his work station who is a commissioned or warrant officer.

(4) Any commander who is a commissioned or warrant officer may impose non-judicial punishment on members of his command for minor offenses, subject to limitations on this authority by statute, regulation, or order by superior authority.

(i) As used here, the term minor offenses refers to any act or omission that is considered an offense under the punitive articles of the Military Law. Some of the factors to be considered in deciding whether the offense is "minor" are: the nature of the offense, the circumstances surrounding its commission, contemporary military and civilian standards, and the age and prior service of the offender.

(5) This authority may be delegated only to the officer who would assume command in the event of the death, disability or absence of the commander. This delegation must be in writing and cited whenever exercised.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 520.1