Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-408 - Initial Notification

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				first steps in an Article 15 proceeding are the commander's oral and written
				notification to the service member. The elements of this step are stated on the
				DA Form 2627, Record of Proceedings under Article 15, UCMJ. Located at Appendix
				C is a "Suggested Guide for Conduct of Non-judicial Punishment Proceedings."
				The initial notification contains the following elements:
1. Statement of Offense. The commander who
				intends to impose the punishment must inform the member of that intent. The
				initial notification must include a brief statement of the offense that the
				commander believes the member has committed, including the specific Article(s)
				of the LCMJ. The commander shall prepare the charge sheet only with the advice
				and assistance of a Judge Advocate or a Paralegal. In drafting Item 1 of the DA
				Form 2627, the paralegal should use the model sample specification forms in
				Part IV, Punitive Articles, of the Manual for Courts-Martial by selecting the
				UCMJ Punitive Article which corresponds to the LCMJ Punitive Article under
				which the accused is being punished. The notice should include a brief summary
				of the information upon which the allegations are based or a statement that the
				member may, upon request, examine available statements and evidence.
2. Right to Demand Trial by Court-Martial.
				Unless the member is attached to or embarked in a vessel, the member has a
				right to demand court-martial in lieu of the Article 15. If the member has this
				right, the commander must so advise the individual, covering the following
				specific facts:
a. the member may demand trial
				by court-martial in lieu of non-judicial punishment;
b. the maximum punishment which the
				non-judicial punishment authority may impose by non-judicial
				punishment;
c. if trial by
				court-martial is demanded, charges could be referred for trial by summary,
				special, or general court-martial along with an explanation of the maximum
				possible punishments those courts-martial may adjudge; that the member may not
				be tried by summary court-martial over the member's objection; and that at a
				special or general court-martial the member has the right to be represented by
				military counsel at no personal expense.
3. Rights under Article 31(b), LCMJ. The
				commander must inform the member that under Article 31(b), the member has a
				right to remain silent and that anything said by the individual can be used
				against him.
4. Right to Consult
				Counsel or Representative. The commander shall inform the individual of the
				right to consult counsel or his personal representative concerning the proposed
				disciplinary action. At the time of the initial notification, the commander
				shall inform the service member of the period of time which the service member
				has to consult with counsel or personal representative and make the necessary
				decisions on such matters as the right to demand court-martial. The service
				member shall be afforded the opportunity to view the video and complete the
				survey provided by LANG TDS on State Judge Advocate's site Louisiana Knowledge
				Online (LKO) at http://nglashcbsvitsp1/SiteDirectory/sja/default. Unit
				personnel shall provide a method for the service member to view such video if
				the service member does not have the ability to do so. If the service member
				wishes to consult counsel after viewing the video, then unit personnel shall
				provided him with the contact information for LANG TDS. In no event shall a
				service member be given less that 48 hours, to consult with counsel, if he
				chooses to do so. The commander must afford the service member a reasonable
				amount of time to consult with counsel. In determining the amount of time
				afforded to service member to consult with counsel, the commander should
				consider such factors as the gravity of the offense and the availability of
				counsel. If, after viewing the LANG TDS video, the service member chooses not
				to avail himself to the right to counsel, then the commander may precede with
				the remainder of the article 15 preceding and does not have to wait a full 48
				hours.
5. Right to Informal Public
				Hearing. The commander must inform the service member of the right to fully
				present evidence, and to be accompanied by a person to speak on his behalf. The
				commander must also inform the service member that, upon request, the hearing
				will be open to the public unless military exigencies or security interests
				preclude public disclosure.
6.
				Maximum Possible Punishments. While the service member is not entitled to be
				informed as to the type or amount of punishment actually contemplated by the
				commander if he does not demand trial by court-martial, he will in each case be
				informed of the maximum punishment which may be imposed under Article 15 by the
				officer who is to impose the punishment, and, if he specifically requests such,
				he shall be advised of the maximum punishment that could be adjudged by
				court-martial upon conviction for the offense involved. Figure 4-1 contains a
				chart outlining permissible Article 15 maximum punishments and the commanders
				authorized to impose such within the LANG. Figure 6-2 contains a table
				outlining permissible maximum punishments under courts-martial.
7. Possibility of Counsel. The service member
				will also be told that, if he demands trial, trial could be by SCM, SPCM, or
				GCM. The service member will also be told that he may object to trial by SCM
				and that at SPCM or GCM he would be entitled to representation by qualified
				LANG TDS, or by civilian counsel obtained at no government expense.