HAR §7-2-14. Member's election of rights; time to reply

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 1a, a copy of which is set forth on the exhibit entitled "Annex 5" dated 1 November 1984, located at the end of this subtitle, which is made a part of this section. The member shall have three duty days to reply to the notification of intent to impose non-judicial punishment, unless this period is waived. The member may submit written justification for a longer period of time and the commanding officer may extend the time in a proper case. A duty day is a calendar day during which the member is scheduled to perform duty. Examples: (1) The unit's monthly drill dates are 2 and 3 June and 2 and 3 July. If the notification is given on 2 June, the reply may be required on 2 July; (2) The unit drills on 2 and 3 June and begins its fifteen days annual training on 2 July. If the notification is given on 3 June, the reply may be required on 3 July. The duty day during which the notification is heard may be included in computing the three day period. If the member fails to reply within the time allowed, the proceedings may be continued; or terminated and court-martial action initiated. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP Hawaii Administrative Rules: Title 7, Department of Defense; Subtitle 1, Military Justice; Chapter 2: Nonjudicial Punishment State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 6 of 13)