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| | =COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT (ARTICLE 15)= | | =COMMANDING OFFICER'S NON-JUDICIAL PUNISHMENT (ARTICLE 15)= |
| − | Note: Non-judicial punishment permits commanders to administratively discipline troops without a court-martial.
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| − | Presided over by the member’s Company Commander or any higher ranking member on the offender’s direct Chain of Command and restricted to the following limitations.
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| − | The convening authority of an Article 15 may not preside over the proceedings.
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| − | Punishments Limitation: (The convening authority may imposed one or more of the following punishments)
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| − | For Officers Accused of Misconduct:
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| − | Maximum penalty imposed may be thirty (30) days suspension from the 7th Cavalry Regiment.
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| − | No favorable actions for 30 days,
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| − | Notation on their Personal MILPAC Folder
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| − | For Enlisted members Accused of Misconduct:
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| − | Maximum penalty imposed may be thirty (30) days suspension from the 7th Cavalry Regiment.
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| − | No favorable actions for 30 days,
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| − | Reduction by one (NCO below E-7) or more (sub NCO) grades.
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| − | Notation on their Personal MILPAC Folder
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| − | The Accused may demand trial by court-martial prior to the start of the proceedings.
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| − | In all cases liaison must take place with a JAG office prior to the hearing.
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| − | In the absence of the Company Commander the hearing may be presided over by the command Executive Officer (XO).
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| − | A JAG officer will attend all disciplinary hearings to observe and record events. Records of all events shall be maintained by JAG for no less than ninety (90) days.
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| − | An officer or enlisted member under punishment under this article who considers the punishment unjust or disproportionate to the offence may appeal to the next superior authority or directly to the Judge Advocate General office. The appeal shall be promptly forwarded and decided upon. The punishment will be held in abeyance until appeal is decided.
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| − | In the event of an appeal the CJAG will arrange for a review board to be convened and cause a full JAG investigation to take place and report findings to that review board.
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| − | The review board will not change the findings of the hearing only affirm or change the degree of punishment.
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| − | In all cases liaison must take place with a JAG office prior to the hearing.
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| − | It is the presiding officer’s duty to ensure that an investigation into the facts of the case has been fully conducted prior to proceeding with the hearing.
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| − | Disciplinary action awarded at Non-judicial Punishment hearings may be suspended at the discretion of the convening authority.
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