Hawaii Administrative Rules
Title 7 - DEPARTMENT OF DEFENSE
Subtitle 1 - MILITARY JUSTICE
Chapter 4 - COURTS-MARTIAL PREPARATION AND TRANSMITTAL OF CHARGE SHEET (AGHI FORM SJAG 2)
Section 7-4-16 - Action when charges are not to be referred for trial
Universal Citation: HI Admin Rules 7-4-16
Current through February, 2024
(a) If the convening authority decides not to refer the case for trial by court-martial, the convening authority shall return the charge sheet and allied papers to the initiating commanding officer, who then, subject to subsection (b), may:
(1) Take no further action with
regard to the case;
(2) Take or
recommend administrative action;
(3) Initiate or recommend nonjudicial
punishment; or
(4) Take any action
not inconsistent with the directions of the higher convening
authority.
(b) If the returned court-martial charges were initiated following demand by the member for court-martial in lieu of nonjudicial punishment, nonjudicial punishment action shall not be re-initiated.
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