HAR §7-4-16. Action when charges are not to be referred for trial

(a) If the convening authority decides not to refer the case for trial by court-martial, the convening authority shall return the charge sheet and allied papers to the initiating commanding officer, who then, subject to subsection (b), may: (1) Take no further action with regard to the case; (2) Take or recommend administrative action; (3) Initiate or recommend nonjudicial punishment; or Hawaii Administrative Rules - Title 7, Subtitle 1, Chapter 4: Courts-Martial Preparation and Transmittal of Charge Sheet (AGHI Form SJAG 2) State of Hawaii Department of Defense: Administrative Services Office [http://www.dod.state.hi.us/aso] (Page 6 of 7) (4) Take any action not inconsistent with the directions of the higher convening authority. (b) If the returned court-martial charges were initiated following demand by the member for court-martial in lieu of nonjudicial punishment, nonjudicial punishment action shall not be re-initiated. [Eff: FEB 11 1985] (Auth: HRS §§124A-61, 124A-171) (Imp: HRS §124A-51) BACK TO TOP Amendments to Chapter 7-4