LAC 41:II.411 – Waiver of Court-Martial and Hearing and Submission of Matters

A. If the servicemember waives both court-martial and an Article 15 hearing but submits matters orally or in writing in defense, extenuation, or mitigation, the commander must consider these matters before deciding whether to impose non-judicial punishment. If the matters persuade the commander that the servicemember is not guilty or that there is some other valid reason for not punishing the servicemember, the commander simply terminates the Article 15 proceeding. If, after considering the matters, the commander is still convinced that the servicemember is guilty and that non-judicial punishment is appropriate, the commander proceeds to impose punishment.

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).

HISTORICAL NOTE: Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2362 (November 2009).