LAC 41:II.409. Demand for Trial by Court-Martial

A. Except in the case of a member attached to or embarked in a vessel, no non-judicial punishment under the provisions of LCMJ Article 15 may be imposed upon any member of the Louisiana National Guard if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. In such a case, the Article 15 must terminate, and the commander must then decide whether to prefer court-martial charges and the level of court. The commander need not prefer the charges, but will ordinarily do so.