N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.3 - Non-judicial punishment
(a)
General. Where a commander determines that non-judicial punishment is the
appropriate vehicle for dealing with an offense, he will resort to section
130.15 of the Military Law of the State of New York. This section is the
functional equivalent of article 15 of the UCMJ. Such proceedings are governed
by Part 519 of this Title.
(b) Who
may impose section 130.15 punishment. A company grade officer in command may
impose nonjudicial punishment as outlined by regulation. If a company grade
officer does not feel that company grade punishment is adequate for the
offense, the case should be forwarded to the field grade commander with a
request that the field grade commander exercise authority under the provisions
of section 130.15. See Appendix L-2, Request to Superior to Exercise Article 15
Jurisdiction, DMNA form 1058. The company grade commander may not recommend
punishment. As appropriate, the field grade commander may return the case to
the company grade commander for disposition. A superior may not direct a
subordinate commander to take action or dictate the type of punishment to be
imposed. A field grade commander may impose punishment as outlined by
regulation. A general or flag officer may impose punishment as outlined by
regulation.
(c) No right to demand
courts-martial. National Guard enlisted personnel whether on orders under title
32, United States Code, or State active duty under the New York State Military
Law may not demand trial by court-martial in lieu of non-judicial
punishment.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.