HAR 7-2 — NONJUDICIAL PUNISHMENT (§ 7-2-1 to 7-2-34)

Under section 124A-21, HRS, a commanding officer may impose non-judicial punishment upon military personnel of the commanding officer's command for minor offenses. The commanding officer shall distinguish non-judicial punishment from non-punitive disciplinary measures which may i…

The commanding officer shall inform the member that the commanding officer intends to impose non-judicial punishment, and shall give the member a brief description of the offense or offenses that the commanding officer believes the member has committed. Notes Haw. Code R. § 7-2-1…

The commanding officer shall inform the member that the member has the right to demand court-martial in lieu of the non-judicial punishment action. Notes Haw. Code R. § 7-2-11 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124A-21)

The commanding officer shall inform the member,of the maximum punishment authorized if non-judicial punishment is imposed, and the maximum punishment that could be imposed by each type of court-martial. Notes Haw. Code R. § 7-2-12 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-17…

The commanding officer shall inform the member that the member has a right to remain silent and that anything the member says can and will-be used against the member in the non-judicial punishment action or any subsequent action. Notes Haw. Code R. § 7-2-13 [Eff: FEB 11 1985] (Au…

The member shall elect whether to submit to the non-judicial punishment proceedings or to demand trial by court-martial. The member shall make this election on AGHI Form SJAG la, a copy of which is set forth on the exhibit entitled "Annex 5" dated 1 November 1984, located at the …

If the member demands trial by court-martial, the non-judicial punishment action shall be terminated. The commanding officer shall then decide whether to initiate court-martial action. Notes Haw. Code R. § 7-2-15 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124…

(a) If the member waives court-martial and does not submit matters in the member's own behalf, the commanding officer may immediately proceed to impose punishment. (b) If the member waives court-martial but does submit matters in defense, extenuation, or mitigation, orally or in …

Non-judicial punishment proceedings shall be conducted personally by the commanding officer in the presence of the member concerned. If the member fails or refuses to report for the proceedings, court-martial charges may be preferred. The exhibit entitled "Annex 6" dated 1 Novemb…

(a) The maximum punishment authorized in non-judicial punishment proceedings shall be as provided in the exhibit entitled "Annex 1" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section. (b) A commanding officer shall not administer puni…

The commanding officer imposing the punishment shall personally announce the punishment to the offender. At this time, the commanding officer shall explain the offender's right to appeal and the procedures to do so. If a fine is imposed, the commanding officer shall set the time …

(a) The individual shall have committed an offense in violation of chapter 124A, HRS, or chapter 7-9. (b) The Offense committed shall also be of a minor nature, as "judicial" methods of dealing with criminal activity (for example, arrest and imprisonment) are not available in non…

If a fine is imposed and paid as a result of non-judicial punishment action, the person receiving the money shall pay it to the director of finance, State of Hawaii, within thirty days of the receipt of the money. The exhibit entitled "Annex 7" dated 1 November 1984, located at t…

(a) A commanding officer imposing non-judicial punishment may suspend, mitigate, remit, or set aside that punishment if the commanding officer finds the action is warranted by the circumstances of the case. This power gives the commanding officer an effective means of rehabilitat…

(a) When punishment is suspended, held in abeyance, or not put into effect for a specified period of time, a probationary period results during which the member is permitted to demonstrate good conduct and efficiency, and provide the member with an incentive to stay out of troubl…

The severity of the punishment called for by the offense may be reduced by mitigating circumstances. Mitigation may be appropriate when the member has demonstrated by a previous record of good conduct and efficiency that the member merits a decrease in punishment. Notes Haw. Code…

Remission is the cancellation of the unserved portion of the punishment. This action may be taken by the commanding officer when appropriate. Notes Haw. Code R. § 7-2-24 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-21, 124A-171) (Imp: HRS § 124A-21)

The commander may "set aside" non-judicial punishment when it is clear that an injustice has occurred, in which case all rights and privileges shall be returned to the member. This type of action would be necessary in a case where the receipt of previously unknown information con…

Copies of written statements or other documentary evidence pertaining to the case which has been considered by the commanding officer imposing the non-judicial punishment or the commanding officer on appeal shall be attached to the AGHI form SJAG 1. The AGHI form SJAG 1 a which h…

(a) The original copy of the forms in section 7-2-26 shall be sent to the unit of assignment for filing in the military personnel records of the member, which shall be maintained in the same manner and for the same period as non-judicial punishment actions under the Uniform Code …

Every member who receives non-judicial punishment shall have the right to appeal. This right does not conflict with the member's "consent" to the non-judicial punishment proceedings. The member's consent is merely a waiver of the right to demand trial by court-martial and not an …

The commanding officer who imposes non-judicial punishment shall advise the member of the right to appeal (see Annex 6, Part III). The commanding officer shall direct the member to state whether the member is appealing at that time, and to record the decision in Part II of the AG…

A commanding officer may impose non-judicial punishment only upon members of the state military forces: (1) Of the commanding officer's command (including any personnel attached to the commanding officer's command); and (2) Who are on state active duty, duty status other than sta…

Materials relied on in support of an appeal shall be submitted in writing to the commanding officer who imposed non-judicial punishment within a reasonable time after the imposition of punishment. These materials, for example, may be written statements dealing with the offense or…

The commanding officer who initially imposed the non-judicial punishment may rebut in writing any statement furnished by the member, and shall transmit the file to the next superior commanding officer for action on the appeal. Notes Haw. Code R. § 7-2-31 [Eff: FEB 11 1985] (Auth:…

(a) The commanding officer receiving the appeal shall refer the appeal to the designated judge advocate for consideration and advice. The commanding officer shall then consider the advice received, all matters submitted by the member and, if warranted, may set aside the action, m…

A commanding officer may announce at unit formations and through other appropriate means the final disposition of any case involving the non-judicial punishment of members of the commanding officer's command, including action taken on a previously imposed non-judicial punishment.…

The suspension of imposition of non-judicial punishment may be vacated by any commanding officer or officer in charge competent to impose upon the offender concerned, punishment of the kind and amount involved in the vacation of suspension. Although formal proceedings shall not b…

(a) Non-judicial punishment may be imposed by any commanding officer, unless a superior commanding officer has restricted or withheld the authority to impose punishment on certain categories of military personnel or offenses. For example, general officers in command may reserve t…

(a) The non-judicial punishments that a commanding officer may impose shall be as set forth in the exhibit entitled "Annex 1" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section. As indicated in the exhibit, a field grade commanding of…

(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 m…

The commanding officer shall consult the paragraph entitled "Proof found under the appropriate punitive article in Chapter XXVIII of the Manual for Courts-Martial, United States, as it existed on 1 July 1984, to determine whether an offense has been committed. A table cross-refer…

Although no formal rules of evidence or standards of proof apply to any phase of non-judicial punishment proceedings, the commanding officer shall recognize that the suspected offender is entitled to demand trial by court-martial at which proof beyond a reasonable doubt by compet…

(a) The first stage of a proceeding to impose non-judicial punishment is the commanding officer's notification to the individual concerned. The elements of this step shall be as set forth on AGHI Form SJAG 1, a copy of which is set forth on the exhibit entitled "Annex 3" dated 1 …