N.Y. Comp. Codes R. & Regs. tit. 9 § 520.4

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

Section 520.4 - Termination of action without punishment

(a)

(1) Once the action has been commenced, only the commander authorized to impose non-judicial punishment may terminate the action without imposing punishment.

(2) The commander authorized to impose non-judicial punishment in a given action must terminate the action without imposing punishment if no punishable offense has been proven to his satisfaction.

(i) Once the action is terminated without the imposition of punishment, the commander must, in accordance with the provisions of section 520.3(a)(3) of this Part, mail or deliver written notification of the termination of the action without imposition of punishment to:

(a) the individual formerly accused;

(b) any person who recommended the imposition of non-judicial punishment of the individual for the (unsatisfactorily proven) offense; and

(c) all immediate and intermediate commanders of the individual.

(ii) The notification shall include the order to forthwith expunge from the individual's records all references to the alleged commission of the offense by the individual and to the commencement of the non-judicial punishment action, and the commander shall place the notification in the individual's field personnel record.

(iii) The effect of such order to terminate and expunge is to fully restore the individual to the status he was in before the alleged commission of the offense.

(iv) No separate orders to expunge need be published, but the commander and the unit JA should maintain a record of the correspondence which terminated the action and expunged all references to the action from the individual's record.

(v) Although the unit JA is not required to review such a termination action for legal sufficiency, it is recommended the commander consult with his JA before terminating the action.

(vi) This commander's decision to terminate the action and expunge is final, not reviewable, nor will it be sent to HQ NYANG.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 520.4