N.Y. Comp. Codes R. & Regs. tit. 9 § 519.1

Current through Register Vol. 46, No. 50, December 11, 2024

Section 519.1 - Applicable policies

(a) General. The administration of non-judicial punishment in the State military forces shall be governed by section 130.15 of the Military Law of the State of New York, by the Manual for Courts-Martial, United States, 1984 and AR 27-10 dated 25 September 1986, as amended, except insofar as the provisions of the Manual for Courts-Martial and AR 27-10 may be inconsistent with the State Code or inconsistent with or modified by this Part and Part V, NY Manual for Courts-Martial. Any inconsistency with this Part and any of the above cited references shall be resolved in favor of this Part and Part V, NYMCM.

(b) Use of non-judicial punishment.

(1) A commander should use nonpunitive measures to the fullest extent to further the efficiency of the command before resorting to non-judicial punishment. Use of non-judicial punishment is proper in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. If it is clear that non-judicial punishment will not be sufficient to meet the ends of justice, more stringent measures must be taken. Prompt action is essential for non-judicial punishment to have the proper corrective effect. Non-judicial punishment may be imposed to:

(i) correct, educate and reform offenders who the imposing commander determines cannot benefit from less stringent measures;

(ii) preserve a member's record of service from unnecessary stigma by a record of court-martial conviction; and

(iii) further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial.

(c) Relationship of non-judicial punishment to nonpunitive measures.

(1) General. Non-judicial punishment is imposed to correct misconduct in violation of the State Code of Military Justice. Such conduct may result from intentional disregard of or failure to comply with prescribed standards of military conduct. Non-punitive measures usually deal with misconduct resulting from simple neglect, forgetfulness, laziness, inattention to instructions, sloppy habits, immaturity, difficulty in adjusting to disciplined military life and similar deficiencies. These measures are primarily tools for teaching proper standards of conduct and performance and do not constitute punishment.

(2) Included among nonpunitive measures are denial of pass or other privileges, counseling, administrative reduction in grade, administrative reprimands and admonitions, extra training, bar to reenlistment, and MOS reclassification. Certain commanders may administratively reduce enlisted personnel for inefficiency and other reasons. This authority exists apart from any authority to punish misconduct under Military Law, section 130.15. These two separate and distinct kinds of authority must not be confused (AR 600-200).

(3) Reprimands and admonitions.

(i) Commanding Officers have authority to give admonitions or reprimands either as an administrative measure or as non-judicial punishment. If imposed as a punitive measure under section 130.15 the procedure set forth in section 519.3 of this Part must be followed.

(ii) A written administrative admonition or reprimand will contain a statement that it has been imposed as an administrative measure and not a punishment under section 130.15 (AR 600-37). Admonitions and reprimands imposed as punishment under section 130.15, whether administered orally or in writing (para 5c(1), Part V, MCM), should state clearly that they were imposed as punishment under that section.

(4) Extra training or instruction. One of the most effective nonpunitive measures available to a commander is extra training or instruction (AR 600- 200). It is used when a member's duty performance has been substandard or deficient; e.g., a member who fails to maintain proper attire may be required to attend classes on the wearing of the uniform and stand inspection until the deficiency is corrected. The training or instruction should relate directly to the deficiency observed and should be oriented to correct that particular deficiency. Extra training or instruction may be conducted after duty hours.

(5) Administrative reductions. These reductions may be made at the member's request to avoid adverse action. If taken to avoid such adverse action, reductions will state that the action was taken "with prejudice". (See para 6- 33, AR 600-200).

(d) Personal exercise of discretion. A commander who is considering a case for possible disposition under section 130.15 will personally exercise discretion in:

(1) evaluating the case to determine whether non-judicial punishment should be imposed;

(2) determining the amount and nature of any punishment, if punishment is appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 519.1