Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-405 - Policies

Current through Register Vol. 50, No. 6, June 20, 2024
A. General.
				Commanders are responsible for good order and discipline in their commands.
				Generally, discipline can be maintained through effective leadership including,
				when necessary, administrative corrective measures. Non-judicial punishment is
				ordinarily appropriate when administrative corrective measures are inadequate
				due to the nature of the minor offense or the record of the Service member,
				unless it is clear that only trial by court-martial will meet the needs of
				justice and discipline. Non-judicial punishment shall be considered on an
				individual basis.
B.
				Proportionality. Commanders considering non-judicial punishment should consider
				the nature of the offense, the record of the Service member, the needs for good
				order and discipline, and the effect of non-judicial punishment on the Service
				member and the Service member's record. A commander should employ his power
				under LCMJ Article 15 in every case in which punishment is deemed necessary and
				that section applies, unless it is clear that punishment under that section
				would not meet the ends of justice and discipline. Superior commanders should
				restrain any tendency of subordinate commanders to resort prematurely or
				unnecessarily to court-martial jurisdiction for the punishment of offenders.
				The punitive power under Article 15 must be used judiciously and with
				restraint. Punishment that is too severe creates resentment and bitterness and
				frustrates corrective efforts. Conversely, to be effective, the punishment must
				be adequate and proportional to deter the offender and others from committing
				the same offenses.
C. Suspension of
				Article 15. Commanders should consider suspending all or part of any punishment
				selected under Article 15, particularly in the case of first offenders or when
				significant extenuating or mitigating matters are present. Suspension provides
				an incentive to the offender and gives an opportunity to the commander to
				evaluate the offender during the period of suspension. [See paragraph 4-23 and
				Figure 4-4.] Additionally, commanders must seriously consider the collateral
				effects of a reduction in pay grade on the accused before imposing such a
				penalty.
D. Referral within Chain
				of Command. Although a superior commander has authority to impose disciplinary
				punishment upon military subordinates of his command, it is customary for such
				superior commander to refer any breach of discipline on the part of an enlisted
				person in grade E-6 or below who is a member of a subordinate unit to the
				attention of the immediate commander of the offender. If the officer, to whom
				information concerning a breach of discipline is forwarded, as contemplated in
				this paragraph, lacks jurisdiction to impose the most appropriate punishment,
				he should forward the matter to a superior authority. DA Form 5109-R, Request
				to Superior to Exercise Article 15 Jurisdiction, may be modified and used for
				these purposes, or the request can be made in memorandum format. [See Figure
				4-7.]
E. Personal Consideration
				Required. A commander who is considering a case for disposition under Article
				15 will exercise personal discretion in evaluating each case, both as to
				whether non-judicial punishment is appropriate, and, if so, as to the nature
				and amount of punishment appropriate. No superior may direct that a subordinate
				authority impose non-judicial punishment in a particular case. No superior may
				issue regulations, orders, or "guides" which suggest to subordinate authorities
				that certain categories of minor offenses be disposed of by non-judicial
				punishment instead of by court-martial or administrative corrective measures,
				or that predetermined kinds or amounts of punishments be imposed for certain
				classifications of offenses that the subordinate considers appropriate for
				disposition by non-judicial punishment.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).