Hawaii Administrative Rules
Title 7 - DEPARTMENT OF DEFENSE
Subtitle 1 - MILITARY JUSTICE
Chapter 2 - NONJUDICIAL PUNISHMENT
Section 7-2-6 - Procedure generally
Universal Citation: HI Admin Rules 7-2-6
Current through February, 2024
(a) Before taking action to impose non-judicial punishment, a commanding officer shall determine that:
(1) The member's duty status is one to
which chapter
124A, HRS applies, as indicated in
sections
124A-1 and
124A-2,
HRS;
(2) The alleged misconduct
actually took place;
(3) The
misconduct was an offense under chapter
124A, HRS;
(4) The accused member committed the offense;
and
(5) Non-judicial punishment is
appropriate to the offense in view of the severity of the offense and the
member's past record.
(b) The requirements set forth in subsection (a) shall be addressed promptly through investigation. Promptness in investigating a report of an offense is critical to the member's rights in the event trial by court-martial is conducted.
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