New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.7 - Reduction of offenders in grades e-7, e-8 and e-9

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1)
				  Only the commander, NYANG is authorized to impose a reduction, suspended or
				  unsuspended, in a non-judicial punishment action where the offender is in the
				  grade of E-7, E-8 or E-9. Likewise, only the commander, NYANG is authorized to
				  vacate a suspended reduction of an offender in grades E-7, E-8 or
				  E-9.
(2) All procedures previously
				  described in this regulation apply to any action involving the reduction of an
				  offender in grades E-7, E-8 or E-9, subject to the following:
(i) Any non-judicial punishment imposed on an
				  offender in grade E-7, E-8 or E-9, not involving reduction, shall be imposed at
				  the unit level by the commander authorized to imposed such non-judicial
				  punishment on offenders in grade E-7, E-8 or E-9.
(ii) If the commander authorized to
				  non-judicially punish (other than reduction) such offenders, intends to impose
				  reduction, the notification of offense from such commander to the offender
				  shall state that he "intends to recommend to the commander, NYANG the
				  imposition of non-judicial punishment." The notification of offense shall not
				  include a recommendation of the type or severity of punishment to be
				  imposed.
(iii) The notification of
				  offense shall direct that all replies and matters in extenuation, mitigation or
				  defense be submitted to the commander who mailed or delivered the notification
				  of offense.
(iv) After all
				  requirements in this regulation preliminary to the actual imposition of
				  non-judicial punishment are met, the commander who would have otherwise been
				  authorized to impose the punishment, shall, by indorsement, forward the record
				  through the Wing or Group commander (if the action is not commenced by the Wing
				  or Group commander) and the unit JA for preliminary legal sufficiency review,
				  to the commander, NYANG for determination of imposition of non-judicial
				  punishment.
(v) The Wing or Group
				  commander should indicate his approval or disapproval of the recommendation if
				  he has not commenced the action, but shall not recommend the type or severity
				  of punishment to be imposed in his forwarding indorsement to the commander,
				  NYANG.
(a) If the Wing or Group Commander
				  commences the action, he shall, by indorsement, forward the record through the
				  unit JA to commander, NYANG, with no recommendation of type or severity of
				  punishment, as stated above.
(vi) After the notification of offense is
				  mailed or delivered and before the record is forwarded to the commander, NYANG,
				  the commander authorized to non-judicially punish (other than reduction) these
				  offenders, may terminate the action without imposition of any type of
				  punishment, if the offense has not been satisfactorily proven to him, or he may
				  impose a type of punishment other than reduction, if he determines that the
				  initially intended reduction is no longer warranted.
(a) In either of these events, the action
				  shall be further processed as stated in this regulation for actions that are
				  terminated at the unit level, or for actions where punishment is imposed at the
				  unit level, as the case may be.
(vii) Where the commander, NYANG is forwarded
				  the record to initially determine whether or not to impose non-judicial
				  punishment, he takes the place of the commander at the unit level with all his
				  authority for non-judicial punishment actions (i.e., imposition of punishment,
				  termination without punishment, or termination of action and processing by
				  court-martial).
(viii) If
				  commander, NYANG imposes a reduction (although he may impose any type of
				  non-judicial punishment he deems appropriate) only he, his
				  successor-in-command, or superior authority may suspend, vacate a suspension,
				  mitigate, remit or set aside the reduction.
(a) Whatever remedial action the commander,
				  NYANG takes, once the appellate process is completed, the record shall be
				  maintained at the unit level, and the commander, NYANG shall be notified of any
				  further misconduct committed by such offender during any suspension
				  period.
(b) Any vacation action
				  shall be commenced by the unit commander or Wing or Group commander
				  recommending the vacation action to the commander, NYANG and mailing or
				  delivering the notification to the offender in accordance with this
				  regulation.
(ix) All
				  appeals from punishment imposed by commander, NYANG are to be forwarded through
				  DMMA/MNJA to the Chief of Staff to the Governor who is the appellate
				  authority.
(x) Whether or not the
				  offender appeals from punishment imposed by the commander, NYANG, the SJA,
				  NYANG shall review the record for legal sufficiency.
(xi) Once the appeal has been decided by the
				  Chief of Staff to the Governor, the record shall be forwarded through the
				  commander, NYANG back to the Wing or Group commander who will further process
				  the record pursuant to this regulation.