N.Y. Comp. Codes R. & Regs. Tit. 9 § 520.7 - Reduction of offenders in grades e-7, e-8 and e-9
(a)
(1)
Only the commander, NYANG is authorized to impose a reduction, suspended or
unsuspended, in a non-judicial punishment action where the offender is in the
grade of E-7, E-8 or E-9. Likewise, only the commander, NYANG is authorized to
vacate a suspended reduction of an offender in grades E-7, E-8 or
E-9.
(2) All procedures previously
described in this regulation apply to any action involving the reduction of an
offender in grades E-7, E-8 or E-9, subject to the following:
(i) Any non-judicial punishment imposed on an
offender in grade E-7, E-8 or E-9, not involving reduction, shall be imposed at
the unit level by the commander authorized to imposed such non-judicial
punishment on offenders in grade E-7, E-8 or E-9.
(ii) If the commander authorized to
non-judicially punish (other than reduction) such offenders, intends to impose
reduction, the notification of offense from such commander to the offender
shall state that he "intends to recommend to the commander, NYANG the
imposition of non-judicial punishment." The notification of offense shall not
include a recommendation of the type or severity of punishment to be
imposed.
(iii) The notification of
offense shall direct that all replies and matters in extenuation, mitigation or
defense be submitted to the commander who mailed or delivered the notification
of offense.
(iv) After all
requirements in this regulation preliminary to the actual imposition of
non-judicial punishment are met, the commander who would have otherwise been
authorized to impose the punishment, shall, by indorsement, forward the record
through the Wing or Group commander (if the action is not commenced by the Wing
or Group commander) and the unit JA for preliminary legal sufficiency review,
to the commander, NYANG for determination of imposition of non-judicial
punishment.
(v) The Wing or Group
commander should indicate his approval or disapproval of the recommendation if
he has not commenced the action, but shall not recommend the type or severity
of punishment to be imposed in his forwarding indorsement to the commander,
NYANG.
(a) If the Wing or Group Commander
commences the action, he shall, by indorsement, forward the record through the
unit JA to commander, NYANG, with no recommendation of type or severity of
punishment, as stated above.
(vi) After the notification of offense is
mailed or delivered and before the record is forwarded to the commander, NYANG,
the commander authorized to non-judicially punish (other than reduction) these
offenders, may terminate the action without imposition of any type of
punishment, if the offense has not been satisfactorily proven to him, or he may
impose a type of punishment other than reduction, if he determines that the
initially intended reduction is no longer warranted.
(a) In either of these events, the action
shall be further processed as stated in this regulation for actions that are
terminated at the unit level, or for actions where punishment is imposed at the
unit level, as the case may be.
(vii) Where the commander, NYANG is forwarded
the record to initially determine whether or not to impose non-judicial
punishment, he takes the place of the commander at the unit level with all his
authority for non-judicial punishment actions (i.e., imposition of punishment,
termination without punishment, or termination of action and processing by
court-martial).
(viii) If
commander, NYANG imposes a reduction (although he may impose any type of
non-judicial punishment he deems appropriate) only he, his
successor-in-command, or superior authority may suspend, vacate a suspension,
mitigate, remit or set aside the reduction.
(a) Whatever remedial action the commander,
NYANG takes, once the appellate process is completed, the record shall be
maintained at the unit level, and the commander, NYANG shall be notified of any
further misconduct committed by such offender during any suspension
period.
(b) Any vacation action
shall be commenced by the unit commander or Wing or Group commander
recommending the vacation action to the commander, NYANG and mailing or
delivering the notification to the offender in accordance with this
regulation.
(ix) All
appeals from punishment imposed by commander, NYANG are to be forwarded through
DMMA/MNJA to the Chief of Staff to the Governor who is the appellate
authority.
(x) Whether or not the
offender appeals from punishment imposed by the commander, NYANG, the SJA,
NYANG shall review the record for legal sufficiency.
(xi) Once the appeal has been decided by the
Chief of Staff to the Governor, the record shall be forwarded through the
commander, NYANG back to the Wing or Group commander who will further process
the record pursuant to this regulation.
Notes
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