LAC 41:II.414 – Non-Judicial Punishment Based on Record of Court of Inquiry or Other Investigative Body

A. General. Non-judicial punishment may be based on the record of a court of inquiry or other investigative body, in which proceeding the member was accorded the rights of a party. No additional proceeding in the nature of a hearing is required.
B. Procedure. The servicemember shall be informed in writing that non-judicial punishment is being considered based on the record of the proceedings in question, and given the opportunity, if applicable, to refuse non-judicial punishment. If the servicemember does not demand trial by court-martial, the servicemember may submit, in writing, any matter in defense, extenuation, or mitigation, to the officer considering imposing non-judicial punishment, for consideration by that officer to determine whether the member committed the offenses in question, and, if so, to determine an appropriate 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 35:2363 (November 2009).