Hawaii Administrative Code

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 …

The impartial application of chapter 124A, HRS, and the courts-martial system to all law violators is intended to achieve justice. The principles of law recognized in criminal cases in the courts of the State of Hawaii shall be used by the state military forces in the administrat…

(a) Regardless of how the commanding officer learns of an alleged offense, the commanding officer shall insure that the matter is promptly and adequately investigated so that the commanding officer will have sufficient information to make an intelligent and appropriate dispositio…

(a) Chapters 7-3 to 7-7 deal with general, special and summary courts-martial. The maximum punishments which may be imposed by courts-martial shall be as provided in the exhibit entitled "Annex 9" dated 1 November 1984, located at the end of this subtitle, which is made a part of…

Any court-martial conviction shall constitute a state court criminal conviction. Notes Haw. Code R. § 7-3-3 [Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: None)

Upon conclusion of a court-martial, the authenticated record of trial shall be prepared and forwarded by the trial counsel to the convening authority. Upon receipt by the convening authority, the convening authority shall refer it to the designated staff judge advocate, legal off…

An act for which the law provides a penalty is an "offense". In the state military forces, chapter 124A, HRS, and chapter 7-9 set out the types of conduct for which a member may legally be punished. Any question as to whether specific conduct constitutes a violation of the penal …

In all court-martial proceedings every person shall be presumed innocent until proven guilty. Notes Haw. Code R. § 7-3-6 [Eff: FEB 11 1985] (Auth: HRS § 124A-171) (Imp: None)

Rights against self incrimination shall be, as provided in section 124A-52, HRS. Any member suspected of having committed an offense of which the member's commanding officer is contemplating court-martial proceedings shall have the right to consult with a lawyer. Notes Haw. Code …

At a special or general court-martial the trial counsel represents the State of Hawaii and the defense counsel represents the accused. Before the special or general court-martial is detailed, the convening authority shall contact the office of the designated staff judge advocate …

A commanding officer may receive information from many sources that an offense has allegedly been committed by a member under the command of the commanding officer. For example: (1) The commanding officer may witness an alleged offense; (2) Someone within the unit may report an a…

As used in this chapter: "Dependent of a veteran" means any person who received from a veteran the principal support prior to entry or following entry of the veteran into any of the armed services or following the veteran's discharge from any of the armed services. It includes a …

(a) The following shall be eligible for veterans' services from the office: (1) Any veteran as defined in section 7-31-1; (2) Any member of the military currently on active duty who re-enlists in the armed services and any officer currently on active duty shall be assisted if the…

Notes Haw. Code R. § 7-31-3 [Eff: FEB 09 1989] (Auth: HRS §363) (Imp: HRS § 363-3)

Services to veterans shall be authorized for individuals meeting eligibility requirements as specified in sections 7-31-2, 7-31-4, and 7-31-4.1. Notes Haw. Code R. § 7-31-5 [Eff: FEB 09 1989] (Auth: HRS § 363-2) (Imp: HRS §§ 363-2, 363-3)

Services to veterans shall be terminated when one or both of the following conditions exist: (1) The veteran's request for information and referral services, or aid and assistance services, or both, as provided in sections 7-31-4 and 7-31-4.1 have been completed; or (2) The veter…

The purpose of this chapter is to establish rules for the Hawaii state veterans cemetery on Oahu. Notes Haw. Code R. § 7-32-1 [Eff: AUG 10 1991] (Auth: HRS § 363-2) (Imp: HRS § 363-2)

No person shall make or install any monument, memorial, tablet, or other commemorative installation, except with the written permission of the director or a designated cemetery official. Notes Haw. Code R. § 7-32-10 [Eff: AUG 10 1991] (Auth: HRS § 363-2) (Imp: HRS § 363-2)

(a) The director may prescribe restrictions and accept non-monetary gifts, devises, or bequests which are beneficial to the cemetery. (b) Gifts, devises, or bequests shall be accepted only after it has been determined that the donor has a clear understanding that title thereto pa…

(a) All public records shall be available for inspection in the office. (b) Public records printed or reproduced by the office may be given to any person requesting the same and paying the reasonable cost thereof, including the cost of reproduction and mailing, or where a charge …

The director or a designated cemetery official shall have the right to correct any errors that may be made by it, either in making interments or disinterments, or in setting the grave marker, and reserves the right to correct any errors in its official records of interments and g…

(a) Title 38, part 1, section 620 of the Code of Federal Regulations, as it existed on August 23, 1989, shall govern the procedures pertaining to eligibility for interment in the cemetery. (b) The burden of proof of eligibility for burial in the cemetery shall be on the applicant…

Persons eligible for interment or inurement shall include: (a) Any former member or member of the armed forces who was born in Hawaii, or was a resident of Hawaii at entrance to or separation from the armed forces, or was a resident of Hawaii for two continuous years, or was a re…

(a) The State shall open and close the grave in accordance with the fee schedule established in this chapter and furnish perpetual care without charge. (b) All graves shall be equal, have a uniform type of flat marker. Military rank or civilian stature shall be given no considera…

(a) Interment of eligible decedents shall be considered to be permanent and final. (b) Disinterment and removal of remains shall be permitted only with the prior approval of the director. (c) All arrangements and all expenses in connection with a disinterment shall be the respons…

(a) Federal and Hawaii court orders directing exhumations shall be honored. (b) Exhumations on the basis of orders issued by out-of-State courts, or courts of questionable authority, shall be conducted if such orders are enforceable in Hawaii. (c) The issuing court must indicate …

As used in this chapter unless otherwise provided: "Armed forces" means the United States Army, Navy, Marine Corps, Coast Guard, and Air Force or any women's auxiliary branch thereof, organized pursuant to an Act of Congress. "Cemetery" means the Hawaii state veterans cemetery. "…

(a) The director and a designated cemetery official shall be authorized to enforce this chapter. (b) A designated cemetery official shall have charge of the grounds and buildings, and at all times shall supervise and control all persons in the cemetery, including the conduct of f…

(a) The director or a designated cemetery official shall establish a reasonable schedule of visiting hours for all or portions of the cemetery and close or restrict public use of all or any portion thereof, when necessary for the protection of the area, maintenance, upkeep, const…