N.Y. Comp. Codes R. & Regs. tit. 9 § 520.5
Current through Register Vol. 46, No. 50, December 11, 2024
(a)(1) An appeal under section 130.15 will be acted upon by the authority next superior to the officer who imposed the punishment, if the person punished is still of the command of the officer who imposed the punishment at the time he appeals. If the punishment has been imposed under a delegation of a superior officer's power to impose non-judicial punishment, the appeal will be acted upon by the authority next superior to the officer who delegated the power. If, however, at the time he appeals from the punishment, the person punished is no longer of the command of the person who imposed the punishment, the appeal shall be acted upon by the authority next superior to that present commanding officer of the offender who can impose the same kind and amount of punishment as that imposed in the case or that resulting from any modification by other competent authority. The authority "next superior" to a particular commanding officer is the authority normally next superior in the chain of command or such other authority as may be designated as being next superior for the purposes of section 130.15 by higher authority. A superior authority who is a commanding officer exercising general court-martial jurisdiction or who is a general officer in command may delegate those powers he has, as superior authority under section 130.15(d), to a commissioned officer of his command exercising the function of deputy or assistant commander.(2) Officers delegated the authority to impose certain types of non-judicial punishment (e.g., reductions), stand in the place of the delegating authority. Thus, the next superior authority in such actions is that authority next superior to the delegating authority, and his decision on the appeal is final.(3) An unsuspended punishment imposed shall be executed and not stayed, pending a decision on an appeal.(4) The record shall not be forwarded from the officer who imposed the punishment to the next superior authority until the election of whether or not to appeal has been received (including returned unclaimed, addressee unknown, etc.) or the reply time has expired, whichever comes first.(5) The right to appeal is from the imposition of punishment whether on that date it was suspended, unsuspended, mitigated, remitted or set aside. If the punishment is later suspended, and the suspension is vacated, or if the punishment is later mitigated, remitted, or set aside, there is no right to appeal from such later actions.(6) On appeals, the appellate authority may refer the record to the servicing JA for recommendation and review (DMNA form 1066 [Appendix L-2(A28)]).N.Y. Comp. Codes R. & Regs. Tit. 9 § 520.5