N.Y. Comp. Codes R. & Regs. Tit. 9 § 519.2 - Authority
(a) Who may impose
non-judicial punishment. Unless otherwise specified in this Part, any commander
is authorized to exercise the disciplinary powers conferred by section 130.15.
(1) The term commander, as used in this
section, is a commissioned or warrant officer who, by virtue of his or her
grade and assignment, exercises primary command authority over a military
organization or prescribed territorial area that under pertinent official
directives is recognized as a command.
(2) In the case of Active Guard/Reserve (AGR)
personnel, commander includes the lowest level supervisor of an AGR member at
his work station who is a commissioned or warrant officer.
(3) The words "imposing commander" refers to
the commander or other officer who actually imposes the non-judicial
punishment.
(4) Commands include
the following:
(i) companies, troops and
batteries;
(ii) numbered units and
detachments;
(iii)
missions;
(iv) service
school;
(v) area
commands;
(vi) work station (in the
case of AGR personnel).
(5) Commands also include, in general, any
other organization of the kind mentioned in paragraph (4) of this subdivision,
the commander of which is the one looked to by superior authority as the
individual chiefly responsible for maintaining discipline in that organization.
Thus, an infantry company, whether or not separate or detached, N.Y.R.C.M.
504(b)(2), is considered to be a command. However, an infantry platoon that is
part of a company and is not separate or detached is not considered to be a
command. Although a commissioned or warrant officer exercising command is
usually designated as the commander, this position may be designated by various
other titles having the same official connotation; e.g., commandant, chief of
mission or work supervisor.
(6) The
detachment commander in HHD, STARC will obtain the recommendation of the
appropriate DMNA director before imposing non-judicial punishment on an AGR
member who is a full-time DMNA employee.
(b) Persons upon whom non-judicial punishment
may be imposed. Military personnel of his or her command. A commander may
impose punishment as authorized under section 130.15 upon commissioned
officers, warrant officers and other military personnel of his or her command.
(1) For the purpose of section 130.15,
military personnel are considered to be "of the command" of a commander if they
are:
(i) Assigned to an organization
commanded by him or her.
(ii)
Affiliated with the command (by attachment, detail, TDY, AGR personnel or
otherwise) under conditions, either expressed or implied, which indicate that
the commander and the commander of the unit to which they are assigned, is to
exercise administrative or disciplinary authority over them.
(2) Under circumstances similar to
subparagraph (1)(i) of this subdivision, a commander may be assigned
territorial command responsibility so that all or certain military personnel in
the area will be considered to be of his or her command for the purpose of
section 130.15.
(3) To determine if
an individual is "of the command" of a particular commanding officer, refer
first to those written or oral orders or directives that affect the status of
the individual. If orders or directives do not expressly confer authority to
administer non-judicial punishment to the commander of the unit with which
service member is affiliated or present (as when, for example, they contain no
provision attaching the member "for disciplinary purposes"), consider all
attendant circumstances, such as:
(i) the
phraseology used in the orders;
(ii) where the member slept, ate, was paid,
performed duty, the duration of the status, and other similar
factors;
(iii) whether the member
is Active Guard/Reserve (AGR) under title 32, section 502(f), and is assigned
to a certain work station on a full-time basis which is different from his
parent unit;
(iv) whether the
commander exercises the usual responsibilities and attributes of command over
the member.
(4) If
orders or directives include such terms as "attached for administration of
military justice", or simply "attached for administration", the individual so
attached will be considered to be of the command of the commander of the unit
of attachment for the purpose of section 130.15.
(5) Termination of status. Non-judicial
punishment will not be imposed upon an individual by a commander after the
individual ceases to be of his or her command, because of transfer or
otherwise. However, if section 130.15 proceedings have been instituted and
punishment has not been imposed prior to the time of change of assignment, the
commander who instituted the proceedings may forward the record of proceedings
to the gaining commander for appropriate disposition.
(c) Minor offenses. Generally, the term
"minor" includes misconduct involving a lesser degree of criminality than is
involved in the average offense tried by SCM. Violations of or failures to obey
general orders or regulations may be minor offenses if the prohibited conduct
itself is of a minor nature even though also prohibited by a general order or
regulation.
(d) Multiple punishment
prohibited. Several minor offenses arising out of substantially the same
offense, act or conduct will not be made the basis of separate actions under
section 130.15.
(e) Punishment
after exercise of jurisdiction by civil authorities. Non-judicial punishment
may be imposed upon a member who has been tried in a civil court for the same
act if the exercise of section 130.15 jurisdiction would promote the efficiency
of the service.
(f) Statute of
limitations. No punishment shall be imposed under ML, 130.15 for any offense
committed more than two years before the imposition of such
punishment.
Notes
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