La. Admin. Code tit. 41 § II-201
Current through Register Vol. 50, No. 9, September 20, 2024
Section II-201 - The Commander's RoleA. The commander has the primary role in the administration of military justice. He is responsible for both enforcing the law and protecting the rights of the individual service member. Generally, the commander is one of the first to learn of conduct of one under his command that might require non-punitive disciplinary measures, non-judicial punishment or court-martial action. The commander's duties are two-fold. First, he has a duty to investigate the circumstances of a possible infraction and secondly, to determine the appropriate action. Factors such as the seriousness of the offense, the intent or lack thereof, the age, experience and any special qualifications of the offender, the past performance and record of the service member, and the state of morale and discipline in his unit will influence whether the commander prefers charges by a court-martial or disposes of the matter with non-punitive disciplinary action or non-judicial punishment. The commander has strong powers to exact obedience. But military justice should be restrained and graduated to "fit the crime." The commander should act objectively and calmly, and should never resort to scorn or ridicule. All facts should be collected and carefully considered before acting. The commander's choice of action will depend in part on the nature of the misconduct; it will also depend upon the goal sought. The commander shall consult with his servicing judge advocate.La. Admin. Code tit. 41, § II-201
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2354 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).