HAR §7-3-10. Command responsibilites

(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 disposition of the allegation. (b) Once the preliminary investigation is completed, the commanding officer shall decide to: (1) Take no action; (2) Take or recommend administrative action; (3) Initiate or recommend nonjudicial punishment under section 124A-21, HRS; or (4) Initiate court-martial action against the accused. (c) No person may order or instruct any commanding officer or other person to initiate nonjudicial punishment or court-martial action under chapter 124A, HRS. A commanding officer's decision to take no action in a specific case shall not bar any higher commanding officer from taking action the commanding officer believes to be appropriate. Imposition and enforcement of non-judicial punishment shall bar later trial by court-martial for the same acts or ommissions except as provided in section 124A-21(e), HRS. A fine under section 124A-21, HRS constitutes "enforcement of nonjudicial punishment" only if it is paid when due. [Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §§124A-52, 124A-53) BACK TO TOP Hawaii Administrative Rules: Title 7, Dept. of Defense; Subtitle 1, Military Justice; Chapter 3: The Courts-Martial System State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 4 of 4)