1. A. General. Unless the servicemember demands trial by court-martial within the decision period, the imposing commander may proceed with the hearing. Located at Appendix A of this Regulation is a "Suggested Guide for Conduct of Non-judicial Punishment Proceedings." The major functional subdivisions of the hearing consist of the following:

   1. 1. consideration of evidence, written or oral, against the servicemember.
   2. 2. examination of available evidence by the servicemember.
   3. 3. presentation by servicemember of testimony of available witnesses or other matters, in defense, extenuation, and/or mitigation.
   4. 4. determination of guilt or innocence by the imposing commander.
   5. 5. imposition of punishment or termination of the proceedings;
   6. 6. explanation of right to appeal.
2. B. Not Adversarial Proceedings. Article 15 proceedings, unlike courts-martial, are not adversarial in nature. Thus, no "examination" or "cross-examination" of witnesses is permitted by the servicemember or his spokesperson unless authorized by the imposing commander. The Military Rules of Evidence, other than with respect to privileges, do not apply at non-judicial punishment proceedings. Any relevant matter may be considered, after proper notification to the servicemember of the information against him and relating to the offense(s) alleged and allowing the servicemember opportunity to examine documents or physical objects against him that are being considered by the non-judicial punishment authority.
3. C. Open/Closed Hearings. Ordinarily, hearings are open. Though the servicemember may request that his hearing be open or closed, that decision rests solely within the discretion of the imposing commander. An "open hearing" is a hearing open to the public, but does not require the commander to hold the proceeding in a location different from that in which he conducts normal business, i.e., the commander's office.

Authority Note

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

Historical Note

HISTORICAL NOTE: Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2363 (November 2009).