N.Y. Comp. Codes R. & Regs. Tit. 9 § 515.5 - The commander's legal options
(a)
Introduction. Regardless of how a commander learns of an alleged offense, the
matter must be promptly and adequately investigated. See chapter 2, FM 27- 1,
Legal Guide for Commanders. However, during the course of the investigation,
insure that a suspect's rights are not violated (see section
515.6
of this Part).
(b) Once a commander
has determined that an offense has been committed, he must take one of the
following courses of action:
(1) If the
offense is minor, he may impose non-judicial punishment. (See Part 519 of this
Title).
(2) If the offense is more
serious, the commander may refer same to a commander empowered to convene a
summary court-martial (see section
515.2(f)(1)
of this Part). The commander empowered to convene a summary court-martial may
appoint a summary court-martial officer. A request should first be made to a
command with judge advocate personnel to have such command either detail on
orders a judge advocate officer to act as a summary court-martial, or, to
simply give approval to the subordinate command to detail a particular judge
advocate as SCM. Using the latter procedure, the approval of the higher command
would be noted in the instruction portion of Part V of the Charge Sheet. By so
doing, a separate order detailing the SCM would not be necessary. If a judge
advocate is not reasonably available for such detail, the command from which
the judge advocate is requested shall immediately so notify the subordinate
command and instead detail a disinterested field grade officer to serve as a
summary court-martial.
(3) In any
event, the commander shall prepare or cause to be prepared the Charge Sheet
DMNA form 1050 (see Appendix L-2 [A1] and chapter 4, FM 27-1, Legal Guide for
Commanders).
(4) If the charges are
more serious, the command may refer such charges to a special court-martial
convening authority. However, due to the nature of the offenses contained in
the State Code of Military Justice (Part 518 of this Title) convening a special
or general court-martial will rarely be appropriate.
(5) If the offense is a violation of State
Penal Law, local police should be sought to enforce the violation of State
Penal Law.
(6) NOTE: The commander
may also utilize a board of officers for the administrative elimination of
troublesome personnel. (Army National Guard see AR 135-178 and Air National
Guard see ANGR 39-10.)
Notes
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