N.Y. Comp. Codes R. & Regs. tit. 9 § 520.7

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

Section 520.7 - Reduction of offenders in grades e-7, e-8 and e-9

(a)

(1) Only the commander, NYANG is authorized to impose a reduction, suspended or unsuspended, in a non-judicial punishment action where the offender is in the grade of E-7, E-8 or E-9. Likewise, only the commander, NYANG is authorized to vacate a suspended reduction of an offender in grades E-7, E-8 or E-9.

(2) All procedures previously described in this regulation apply to any action involving the reduction of an offender in grades E-7, E-8 or E-9, subject to the following:

(i) Any non-judicial punishment imposed on an offender in grade E-7, E-8 or E-9, not involving reduction, shall be imposed at the unit level by the commander authorized to imposed such non-judicial punishment on offenders in grade E-7, E-8 or E-9.

(ii) If the commander authorized to non-judicially punish (other than reduction) such offenders, intends to impose reduction, the notification of offense from such commander to the offender shall state that he "intends to recommend to the commander, NYANG the imposition of non-judicial punishment." The notification of offense shall not include a recommendation of the type or severity of punishment to be imposed.

(iii) The notification of offense shall direct that all replies and matters in extenuation, mitigation or defense be submitted to the commander who mailed or delivered the notification of offense.

(iv) After all requirements in this regulation preliminary to the actual imposition of non-judicial punishment are met, the commander who would have otherwise been authorized to impose the punishment, shall, by indorsement, forward the record through the Wing or Group commander (if the action is not commenced by the Wing or Group commander) and the unit JA for preliminary legal sufficiency review, to the commander, NYANG for determination of imposition of non-judicial punishment.

(v) The Wing or Group commander should indicate his approval or disapproval of the recommendation if he has not commenced the action, but shall not recommend the type or severity of punishment to be imposed in his forwarding indorsement to the commander, NYANG.

(a) If the Wing or Group Commander commences the action, he shall, by indorsement, forward the record through the unit JA to commander, NYANG, with no recommendation of type or severity of punishment, as stated above.

(vi) After the notification of offense is mailed or delivered and before the record is forwarded to the commander, NYANG, the commander authorized to non-judicially punish (other than reduction) these offenders, may terminate the action without imposition of any type of punishment, if the offense has not been satisfactorily proven to him, or he may impose a type of punishment other than reduction, if he determines that the initially intended reduction is no longer warranted.

(a) In either of these events, the action shall be further processed as stated in this regulation for actions that are terminated at the unit level, or for actions where punishment is imposed at the unit level, as the case may be.

(vii) Where the commander, NYANG is forwarded the record to initially determine whether or not to impose non-judicial punishment, he takes the place of the commander at the unit level with all his authority for non-judicial punishment actions (i.e., imposition of punishment, termination without punishment, or termination of action and processing by court-martial).

(viii) If commander, NYANG imposes a reduction (although he may impose any type of non-judicial punishment he deems appropriate) only he, his successor-in-command, or superior authority may suspend, vacate a suspension, mitigate, remit or set aside the reduction.

(a) Whatever remedial action the commander, NYANG takes, once the appellate process is completed, the record shall be maintained at the unit level, and the commander, NYANG shall be notified of any further misconduct committed by such offender during any suspension period.

(b) Any vacation action shall be commenced by the unit commander or Wing or Group commander recommending the vacation action to the commander, NYANG and mailing or delivering the notification to the offender in accordance with this regulation.

(ix) All appeals from punishment imposed by commander, NYANG are to be forwarded through DMMA/MNJA to the Chief of Staff to the Governor who is the appellate authority.

(x) Whether or not the offender appeals from punishment imposed by the commander, NYANG, the SJA, NYANG shall review the record for legal sufficiency.

(xi) Once the appeal has been decided by the Chief of Staff to the Governor, the record shall be forwarded through the commander, NYANG back to the Wing or Group commander who will further process the record pursuant to this regulation.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 520.7