HAR §7-2-5. Authorized punishments

(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 officer may impose a more severe non-judicial punishment than a company grade or warrant officer in command. (b) If the company grade or warrant officer in command does not believe that the officer's punishment authority is adequate in light of the offense, the officer may forward the case to the officer's field grade commanding officer and request the field grade commanding officer to exercise punishment authority under section 124A-21, HRS. (c) A sample document for transmitting a case for action by a superior commanding officer is set forth in the exhibit entitled "Annex 2" dated 1 November 1984, located at the end of this sub-title, which is made a part of this section. (d) A superior officer shall not: (1) Direct that a subordinate commanding officer take action under section 124A-21, HRS; or (2) Dictate to a subordinate commanding officer the type or amount of punishment to be 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 3 of 13) administered under section 124A-21, HRS. (e) A superior commanding officer may refer a disciplinary matter to a subordinate commanding officer for appropriate action. In such a case, the subordinate commanding officer may take any action specified in section 7-4-6. Additionally, the subordinate commanding officer may initiate court-martial action unless otherwise prohibited by this subtitle. [Eff: FEB 11 1985] (Auth: HRS §§124A-21, 124A-171) (Imp: HRS §124A-21) BACK TO TOP