HAR §7-2-32. Action by reviewing authority

(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, modify the punishment, or affirm the non-judicial punishment action. (b) If the commanding officer sets aside the non-judicial punishment action, the commanding officer shall return the appeal to the commanding officer who imposed punishment together with the decision. Upon receipt of that decision, the commanding officer who imposed punishment shall destroy all local records of the proceeding. (c) If the commanding officer affirms the action, whether or not the punishment is modified, the commanding officer shall return the appeal together with the decision and appropriate instructions. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP