HAR §7-1-1. General guidance

(a) Military justice is not and shall not be used as a substitute for military leadership. Providing military leadership remains the responsibility of all officers and noncormnissioned officers of the state military forces. Guidance and counseling shall be given to any member of the state military forces by the member's chain of command at the first sign of a disciplinary problem. The commanding officer of each unit shall establish informal procedures to deal with disciplinary problems. (b) If the use of informal procedures fails to resolve the member's disciplinary problem, the Hawaii Code of Military Justice, (cited in this subtitle as chapter 124A, Hawaii Revised Statutes, or "HRS") may be used. (c) If punishment must be administered, then consideration shall first be given to the use of nonjudicial punishment. The commanding officer shall administer nonjudicial punishment fairly, taking into account the facts and circumstances of each case. Repeat offenses may be considered as being more severe, and the degree of punishment may be increased. If informal procedures and nonjudicial punishment fail to resolve the member's disciplinary problem, or.if the member's offense is serious, court-martial action may be taken to punish offenses of chapter 124A, HRS, or chapter 7-9. [Eff: FEB 11 1985] (Auth: HRS §124A-171) (Imp: None) Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 1: General Provisions State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 1 of 5) BACK TO TOP