Regimental Disciplinary Process
| This is the Document Release Information | |
| Article Number: | 7CAV-R-041 |
| Scope: | The Regimental Disciplinary Process |
| Version: | 1.1 |
| Effective Date: | 26NOV20 |
| Last Modified Date: | 19DEC20 |
| Approving Authority: | Regimental Commanding Officer |
| Point of Contact: | Regimental Executive Officer |
The Regimental Disciplinary Process, also known as the disciplinary process or RDP is the mechanism in which discipline is enforced and administrated in the 7th Cavalry Gaming Regiment. It is a tiered, escalating system of counseling, and punishment intended to correct behavior, and in more severe cases punish the offender while providing retributive justice to the affected by lapses in discipline. Although the 7th Cavalry Gaming Regiment is an all volunteer based organization, this system ensures that other members are not adversely affected by the unjust actions of some.
Introduction
The disciplinary process is divided into four stages. These stages are the Developmental Counseling Statement, Letter of Reprimand, Article 15, and the Article 32. Counseling is the lowest tier of the system, and is not considered to be a punishment. Members that exhibit a deficiency in their performance that is unrelated to their conduct, and not done with malice are counseled. Examples of this include missing training regularly. While this member is not doing so with intent, they are still harming the organization and their fireteam partners by not being present when they said they would. In this case, counseling would be used to demonstrate to the member their deficiency, and develop an action plan to correct it. The Letter of Reprimand is the second step of the process. If a member does anything that is considered serious, and un-counselled, that violates the UCM, SOP, a General Order, or game ROE, they could be subject to this punishment. The third step is the Article 15 Hearing and Investigation. During this step, a commander may order an investigation into matters that are deemed serious enough. The grounds to convene an Article 15 investigation are the same of a Letter of Reprimand, but are for more serious occurrences. The fourth and final step is the Article 32 Investigation and Court Martial. Upon completion of an Article 15 investigation hearing, if the alleged offence is revealed to be of the utmost seriousness, it may be elevated to a trial by court martial. The court martial may impose the most severe punishments, up to and including dishonorable discharge, making a member found guilty unable to rejoin ever.
Sequence of the Disciplinary Process
As previously mentioned, the disciplinary process is a tiered system. However, that does not preclude the process from being convened at any step. Rather, the process should apply the level of scrutiny, and punishment possible depending on the seriousness of the alleged offence. A minor, first occurrence issue should be handled at the lowest level. The goal of the disciplinary process is not to apply the most severe punishment. It is to rehabilitate the offender through counselling or retributive justice, and ultimately return the offender to their unit more productive and effectively counselled. Retributive justice and harsh punishments are only applied when it is in the interest of upholding discipline and preventing a deterioration of morale.
As the figure above displays, the appropriate commander will determine at which level the process should start, or refers to a superior competent commander to make the determination, depending on the initial facts of the alleged offence. Repeated violations of the same nature will likely necessitate the next disciplinary action being more severe than the last. This is because the last measure was ineffective, as the member failed to overcome their deficiency.
Commander's Discretion
Extremely severe issues may be escalated to the highest level. Commanders at all levels are empowered to attempt to solve the issue at the lowest level. The Battalion Commander or Department Officer in Charge is responsible to administer all discipline up and to the Article 15 level. Any gravely serious events requiring Article 32 investigation and/or court martial are elevated to the Regimental Headquarters, and are serviced by the Judge Advocates.
Scope of Authority
Decisions and escalations of the Disciplinary Process are to made by Commanders within the Chain of Command (COC) of the trooper in question. Issues outside this chain are to be reported to the next Commander in the trooper's COC with all relevant information and testimonies.
Per 7CAV-R-023 [Chain of Command Right of Review], Commanders maintain the authority to implement the appropriate disciplinary process steps for all troopers inside the scope of their command.
Examples of scope:
- A Battalion Commander may execute discipline for a trooper within their Battalion, but not of another Battalion.
- A Company Commander may execute discipline for a trooper within their Company, but not of another Company.
Developmental Counselling Statement
The Developmental Counseling Statement, abbreviated as CS is a non-punitive measure designed to correct behavior that is not considered to be negligent or done with malice or ill intent. The intent of the developmental counselling statement is to coach and rehabilitate an individual. The goal of the developmental counselling statement is to rehabilitate the individual, discuss and identify shortcomings, and develop an action plan to solve them with measures that will prevent a reoccurrence. Developmental Counselling statements are recorded and stored by the chain of command. They do not prevent a member from attending training courses, schools, being promoted, or deploying operationally.
Letter of Reprimand
The letter of reprimand is a punitive measure that enacts a consequence for a serious infraction, or several repeated minor infractions of the same type. Generally, a letter of reprimand is issued when a member willingly or knowingly violates a UCMJ article, SOP, general order, or ROE, or fails to uphold a policy to such a manner that it could be considered negligent. The Letter of Reprimand is a record of the event that occurred, and also has a similar discussion and action plan section. The letter ensures that the member is provided all the facts surrounding the offence, and that they understand where they violated a policy or procedure.
Article 15 - Commander's Investigation and Hearing
An Article 15 Commander's Investigation and Hearing, unofficially known as non-judicial punishment or NJP is a mechanism by which a commanding officer (of a unit) may order an independent investigation into a serious alleged offence, and determine if it has occurred. If the authority in charge of the investigation believes on a balance of probabilities that the offence has occurred, they may impose a series of punishments against the offender. Because this punishment occurs at the unit level, the commander must only prove that there is greater than a 50% chance the offence occurred. In other words, it was more likely the offence occurred than it did not. Because of the lower standard of probability, this is reserved for less serious offences, in the interest of resolving them quickly and returning the accused back to their duties as a performing member of the unit. Still, the Article 15 hearing itself is considered a punishment, unless the case is dismissed due a lack of evidence.
Escalation of an Article-15 Hearing
Once the commander is given the results of the investigation, it may become clear that the offence is more serious than initially suspected. If this is the case, the commander of a unit will consult with the Judge Advocates branch, and possibly escalate the case to an Article 32 hearing, which can result in a court martial.
Article 32 - Pre-Trial Investigation and Court Martial
The Article 32 - Pre Trial Investigation and Court Martial is the last, and most serious investigation and punishment that may be imposed upon a 7th Cavalry Gaming Regiment member. Once an Article 15 investigation is turned over to the Judge Advocates branch, a more in depth investigation will occur. Here, the investigators will apply the strict rules of evidence used in a civilian court. If it is deemed that a conviction is likely, a court martial will be convened. A court martial is a military trial, that follows the same rules as a civil criminal trial. The case is presented by the prosecution, and the alleged offender is represented by legal counsel. A military judge determines if the case has met the standard of beyond all reasonable doubt, also known as the BRD standard. Essentially, the court will attempt to determine if the evidence is strong enough that a reasonable, rational person could be convinced beyond any reasonable doubt that the offender did commit the offence, and did so willingly and knowingly. A court martial may impose the most serious punishments, including reduction in rank, or dishonorable discharge from the 7th Cavalry Gaming Regiment.
Private Message Templates
These templates will be sent to members to inform them they will be subject to one of the developmental or disciplinary measures.
| https://docs.google.com/document/d/15EpMCoJIiokDo8DoBAWrKt1ifEkP08QGWde--xEkEsA/edit# |
Conclusion
While the disciplinary process serves as a method of retributive justice, it also provides an effect of deterrence. However, the main objectives of the system are to counsel and rehabilitate all offenders, with the goal of reintegrating them to their units and have them become productive members of the 7th Cavalry Gaming Regiment.
| Regimental Disciplinary Process | |
|---|---|
| Counseling | Developmental Counseling Statement (DCS) |
| Repeated Minor Offences or Serious Offences | Letter of Reprimand (LOR) • Article 15 - Commander's Investigation and Hearing |
| Repeated Serious Offences or Gravely Serious Offences | Article 32 - Pre-Trial Investigation and Court Martial |
