N.Y. Comp. Codes R. & Regs. Tit. 9 § 519.7 - Records of punishment, dmna form 1057 (appendix l-2[a16])
(a) Disposition of
DMNA form 1057 (Appendix L-2[A16]). Copies of written or other documentary
evidence pertaining to the case which has been considered by the officer
imposing the non-judicial punishment or the commander on appeal are attached to
DMNA form 1057.
(b) Distribution:
(1) Original. Unit of assignment for filing
in the military personnel records of the individual to be maintained for three
years. If the case is appealed, original goes forward with the MPRJ to the next
higher headquarters.
(2) First
copy. Member concerned.
(3) Second
copy. For commander's use.
(4)
Third copy. In the case of AGR personnel, this copy will be forwarded to
MNSP-AGR, 330 Old Niskayuna Road, Latham, NY 12110-2224.
(c) Disposition of all documents when action
is appealed.
(1) Action is set aside. All
local records are destroyed if appeal by member is successful.
(2) Action is under appeal. When a member
receiving punishment under section 130.15 elects to appeal the same, materials
relied on in support of the appeal are submitted in writing to the commander
imposing punishment. This must be accomplished within 35 calendar days from the
date of imposition of punishment, unless additional time is granted.
(i) Forwarding of the appeal. After making
any comments necessary to rebut statement(s) furnished by the member initiating
the appeal, the commander who initially imposed punishment will forward the
member's MPRJ and all pertinent documents to the next higher headquarters for
review.
(ii) Action by reviewing
authority. After reviewing the appeal, the officer concerned will accomplish
one of the procedures below:
(a) If the
section 130.15 action is set aside, the appeal and all pertinent documents are
returned to the member's commander along with the MPRJ. The member's commander
will ensure that all local records of the section 130.15 proceeding are
destroyed.
(b) If the reviewing
officer affirms the action, whether or not the punishment is modified, he will
return the appeal with his decision to the commander. The decision will be
accompanied by all documents and the MPRJ of the member concerned. The
reviewing officer will maintain a record of the section 130.15 proceeding and
will destroy the same upon expiration of the term of punishment.
Notes
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