Louisiana Administrative Code › Title 41 - MILITARY FORCES OF THE STATE › Part II - Military Justice › Chapter 4 - Non-Judicial Punishment › Section II-412 - Waiver of Court-Martial and Demand for Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. If the service member waives
				court-martial but demands an Article 15 hearing, the commander must arrange for
				and conduct the hearing before deciding whether to impose non-judicial
				punishment. The commander himself must conduct the hearing except in rare
				circumstances where it is not feasible for him to do so. In those
				circumstances, the commander must appoint another officer to conduct the
				hearing. After conducting the hearing, the appointed officer should submit
				written recommendations to the commander.
B. Spokesman. During the hearing the service
				member may be represented by a spokesman. The individual need not be an
				attorney, and the spokesman's participation in the case must be completely
				voluntary. In addition, no travel fees or other unusual costs will be incurred
				at government expense to insure the spokesman's presence at the hearing.
				Neither shall the service member's desire to be represented by a spokesman be
				permitted to cause unreasonable delay in the disposition of his case.
C. Accused Witnesses. The service member may
				indicate the witnesses he desires produced at the hearing. If the witnesses are
				reasonably available, the commander must arrange for their presence. No witness
				or transportation fees will be incurred at government expense to insure the
				witnesses' presence. Reasonably available witnesses include those present for
				duty at the installation concerned and those whose presence can be arranged
				without the expenditure of government travel funds and whose attendance at the
				hearing will not materially delay the proceedings.
D. Evidentiary Considerations. During the
				hearing, neither the member nor the spokesman may examine or cross-examine
				witnesses unless the commander allows them to do so. However, the Service
				member or the spokesman may brief the commander on the relevant issues and
				areas. The commander should explore those issues and areas in questioning the
				witnesses. The imposing commander is not bound by the formal rules of evidence
				before courts-martial (except privileges), and may consider any matter,
				including unsworn statements, that the commander reasonably believes to be
				relevant to the offense.
E.
				Punishment Warranted. If the imposing commander decides to impose punishment,
				ordinarily the commander will announce the punishment to the service member.
				The commander may, if he desires to do so, explain to the service member why a
				particular punishment was imposed.
F. Punishment Not Warranted. If, after
				evaluation of all pertinent matters, the imposing commander determines that
				non-judicial punishment is not warranted, the service member is notified that
				the proceedings have been terminated and all copies of DA Form 2627 are
				destroyed.
G. Appellate Rights.
				After punishment is imposed the appellate rights and procedures which are
				available to the service member are explained to the service member. (Refer to
				Paragraph 4-16)
H. Subsequent
				Court-Martial. The imposition and enforcement of disciplinary punishment under
				LCMJ Article 15 for any act or omission is not a bar to trial by court-martial
				for a serious crime or offense growing out of the same act or omission, and not
				properly punishable under LCMJ Article 15. However, the fact that a
				disciplinary punishment has been enforced may be shown by the accused upon
				trial, and when so shown shall be considered in determining the measure of
				punishment to be adjudged in the event of a finding of guilty by
				court-martial.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  29:11(F).