LAC 41:II.419 – Action by the Superior Authority on Appeal

A. General. The superior authority to which the appeal is made shall refer every such appeal to the Judge Advocate Office of his assigned or detailed Special Courts-Martial Convening Authority for review and comment as to legal sufficiency prior to action. He may conduct an independent inquiry into the case if necessary or desirable. In acting on an appeal, the superior authority may exercise the same powers with respect to the punishment imposed as may be exercised by the imposing commander or the imposing commander's successor-in-command. However, the superior authority cannot change a filing determination. A timely appeal does not terminate merely because a servicemember is discharged from the service. It will be processed expeditiously to completion by the superior authority.
B. Delay. Action by the superior authority on appeal should ordinarily be accomplished within 30 days after imposition of non-judicial 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: 2365 (November 2009).