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9 NYCRR 520.1 - Who may impose non-judicial punishment

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
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Source snapshot: Jun 6, 2026

(a)General.

(1)Commander includes the person duly appointed by superior authority as commander of NYANG or of any New York Air National Guard Wing, Group, Squadron of Flight.

(2)Responsible Commander is the commander who intends to impose or who has imposed non-judicial punishment or who has taken remedial action, in a given action, as the case may be.

(3)Members of his command refers to the assigned members of the element or organization commanded, and others on temporary duty with or otherwise attached to, the element, or organization. An attachment on TDY orders for the specific purpose of exercising non-judicial punishment authority is not necessary if the commander exercises the usual responsibilities and attributes of command over the member. In such case the commander has concurrent authority with the commander of the member's element or organization of assignment. In the case of Active Guard/Reserve (AGR) members, commander includes the lowest level supervisor of an AGR member at his work station who is a commissioned or warrant officer.

(4)Any commander who is a commissioned or warrant officer may impose non-judicial punishment on members of his command for minor offenses, subject to limitations on this authority by statute, regulation, or order by superior authority.

(i)As used here, the term minor offenses refers to any act or omission that is considered an offense under the punitive articles of the Military Law. Some of the factors to be considered in deciding whether the offense is “minor” are: the nature of the offense, the circumstances surrounding its commission, contemporary military and civilian standards, and the age and prior service of the offender.

(5)This authority may be delegated only to the officer who would assume command in the event of the death, disability or absence of the commander. This delegation must be in writing and cited whenever exercised.

9 NYCRR 520.2 - Types of punishment

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(a)

(1)Admonition.

This is a warning, reminder or reproof given by a commander to an offender to deter repetition of the type of misconduct which resulted in the admonition and to advise him of the consequences that may flow from a recurrence of that misconduct. An admonition may be oral or written and may be included in a reprimand.

(2)Reprimand.

A reprimand is the act of formal censure by a commander which reproves or rebukes the offender for his misconduct. It may be oral or written.

(i)Reprimand or admonition may be given administratively as a nonpunitive measure to improve efficiency. For this purpose, the procedures contained in this regulation need not be followed. If, however, the commander elects to impose either a reprimand or an admonition as non-judicial punishment under Military Law, section 130.15, the punishment must be imposed in accordance with the procedures outlined in this regulation.

(3)Withholding of privileges.

This shall only be executed while the offender is in a duty status.

(4)Restriction to certain specified limits.

This shall only be executed while the offender is in a duty status, with or without suspension from performance of duty.

(5)Extra duties:

(i)Shall only be executed while the offender is in a duty status.

(ii)The performance of extra duties shall not exceed two hours per day, and may include holidays.

(iii)Extra duties may include performance of any military duty except duty which:

(a)demeans the grade or position of the offender in type of duty or manner of performance;

(b)constitutes punishment not sanctioned by the customs of the military;

(c)normally is intended as an honor; or

(d)uses the offender as a personal servant.

(iv)An inactive duty period may be extended beyond the normal four hour period to accommodate the performance of the extra duties. (See ML, 130.15[a][2][C].)

(6)Confinement.

Confinement is limited to those instances authorized in Military Law, section 130.15(a)(2)(E), and shall only be executed while the offender is in a duty status.

(7)The punishments of withholding of privileges, restrictions to certain specified limits, extra duties and confinement, shall be executed within 60 days after the punishment is imposed.

(8)Fines.

These may apply to pay or allowances as stated in Military Law, section 130.15, subdivisions (a)(1)(C) and (a)(2)(F).

(i)Reduction in grade (herein meaning “pay grade”).

(a)Only the commander with the authority to promote to the grade from which demoted may reduce a member in grade. See section 520.7 of this Part for reduction of offenders in grades E-7, E-8 and E-9.

(b)An offender may be reduced only one grade in each non-judicial punishment action.

(b)Limitations on types of punishment.

(1)In addition to, or in lieu of an admonition or reprimand, only one of the authorized punishments in Military Law, section 130.15 may be imposed for each non-judicial punishment action.

(2)The punishments of confinement, extra duties, or reduction may not be imposed non-judicially on officers or warrant officers.

(3)Punishments imposed may not be so grossly disproportionate to the offenses committed, so as to violate fundamental principles of fairness and justice.

(c)Suspension, mitigation, remission and setting aside of punishment.

The commander who imposed non-judicial punishment, his successor-in-command, and superior authority have the power to thereafter suspend, vacate or extend a suspension, mitigate, remit or set aside all or any part or amount of the punishment and to restore all rights, privileges and property affected.

(1)Suspension of punishment. This is to postpone application of all, or a portion of a punishment for a specified probationary period, with the understanding that the punishment will be automatically remitted at the end of that period if the offender has not been guilty of further misconduct.

(i)Any authorized punishment may be suspended.

(ii)The purpose of suspending punishment is to grant a deserving individual a probationary period during which he may demonstrate that he is worthy of a “second chance” in that the offense for which non-judicial punishment was imposed was a temporary lapse in an otherwise good service record.

(iii)The commander suspending the punishment must indicate in the correspondence suspending the punishment that the punishment will automatically terminate at the end of a specified period, or on a specified date, if the offender has not been guilty of any subsequent offense punishable under the Military Law committed during the period of suspension.

(iv)Punishment may not be suspended for a period longer than the earlier of six calendar months from the date of suspension, or beyond an enlistment or current term of service.

(a)Notwithstanding anything in this regulation to the contrary, the period of suspension may be extended by the commander who suspended the punishment by as many days as an offender is AWOL from duty during the suspension period, but in no event beyond an enlistment or current term of service. A day as used herein is any part of a day in which the offender was required to be in a duty status.

(b)This commander with mail or deliver to the offender written notice that his suspension period has been extended to a certain date and the basis therefor. (See DMNA form 1069 (Appendix L-2[A31]).

(c)All persons who have received or reviewed the record shall be sent the same notice.

(d)the procedures outlined in this regulation for notice, certificates of mailing or delivery, matters in extenuation, appeal or review, need not be followed when a suspension period is extended.

(e)The mere extension of a suspension period on a Wing or Group level is not subject to review, except for legal sufficiency. Such actions shall not be forwarded to HQ NYANG.

(v)The date of suspension of a punishment should normally be the date of the imposition of the punishment which is being suspended, but any part of the punishment which remains unexecuted may be suspended at any time.

(vi)Reduction in grade or fine may be suspended whether or not executed, at any time within four months after the date of imposition.

(a)If a fine has been executed, is later suspended and the suspension is thereafter automatically terminated, the money collected must be returned on the termination date, but without interest.

(2)Mitigation. This is defined as a reduction in either the quantity or the quality of punishment, and is appropriate when the offender has demonstrated, subsequent to the imposition of his punishment, that his conduct merits a reduction in the severity of his punishment.

(i)Unexecuted portions of punishment may be mitigated at any time.

(ii)Executed punishments may not be mitigated, except that an unsuspended reduction may be mitigated so long as the action is taken within a reasonable time after the punishment has been executed, normally not more than four months.

(3)Remission is the action whereby any portion of the unexecuted punishment is cancelled, and is appropriate under the same circumstances as mitigation.

(i)At any time before the execution of the punishment is completed, the unexecuted portion of the punishment may be remitted.

(ii)While a suspended reduction may be remitted, there can be no remission of an unsuspended reduction since that punishment is executed at the time it is imposed.

(4)Setting aside. This is an action whereby the punishment or any part thereof, whether executed or unexecuted, is set aside and any rights, privileges, and property affected by the imposition of the punishment are restored.

(i)This action is used in extreme cases where the facts and circumstances of the original matter demonstrate that the punishment resulted in a clear injustice to the offender. Setting aside a punishment in its entirety restores the offender to the position he was in before the non-judicial punishment action commenced, as if the action had never existed or the conduct providing the basis for the action had never occurred.

(5)Any time a suspension occurs after the date punishment was imposed, a suspension period has automatically terminated, or a punishment has been mitigated, remitted or set aside, at the Wing or Group level, the responsible commander shall, by letter, inform the commander, NYANG of same, specifying the name and unit of the offender, the punishment date and the date and nature of the remedial action taken.

(d)Effective date of punishment.

(1)The effective date of an unsuspended punishment is the date the punishment is imposed. The effective date of a suspended punishment is the date of the suspension.

(i)Although a punishment may be imposed and suspended on the same date, sequentially punishment must come first.

(ii)When a reduction is suspended, the offender is entitled to pay in the grade held immediately before the reduction, effective as of the date of suspension.

(2)The effective date of a vacated suspension is the date of vacation. If a suspended reduction is vacated, the offender receives pay in the grade to which reduced when the punishment was imposed, effective on the date of vacation.

(3)The effective date of a mitigated punishment is the date of mitigation. If a reduction is mitigated, the offender is entitled to pay in the restored grade affective as of the date of mitigation.

(4)The effect of remitting or setting aside punishment is to cancel it effective as of the date punishment was imposed. If a reduction has been remitted or set aside, the offender is entitled to pay in the grade held immediately before the reduction, effective as of the date of imposition of punishment.

(e)Date of rank.

(1)If the reduction is unsuspended, the date of rank in the reduced grade is the date the punishment was imposed.

(2)If the reduction is suspended, remitted, or set aside, the date of rank in the grade held before the reduction remains unchanged.

(3)If the reduction is mitigated, the date of rank in the restored grade is the date of the indorsement mitigating the punishment.

(4)If a suspended reduction is vacated, the date of rank in the grade to which reduced before the suspension, is the date the original reduction was imposed.

9 NYCRR 520.3 - Administering non-judicial punishment

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(a)

(1)General.

(i)The initial determination to impose non-judicial punishment, the types and severity of the punishment to be imposed and for what class of offenses, as well as the initial determination to suspend, vacate a suspension, mitigate, remit or set aside punishment, should be based on information that the commander determines to be reliable. In making this determination, he/she is not bound by the military rules of evidence or standards of proof applicable in a trial by court-martial. However, the commander's action must be temperate, well conceived, just and conducive to good discipline. The servicing JA has the responsibility to advise and help the commander evaluate the facts and determine what offense was committed, if any. However, the basic burden of decision remains with the commander.

(ii)A person not authorized to impose non-judicial punishment in a given case may recommend to a commander who is so authorized, the imposition of non-judicial punishment on an offender if the recommendation is based upon the commission of an offense punishable under the New York State Military Law. Such recommendation may not include the nature or extent of punishment to be imposed, or any remedial action to be taken if punishment is imposed.

(iii)If non-judicial punishment action is to be brought, it should be commenced as soon as possible after a punishable offense has been committed, in order to promote swift corrective action and meaningful rehabilitation of the offender.

(iv)The action is commenced on the date and time the notification that a punishable offense has been committed, is mailed or delivered to the offender.

(v)Any punishment imposed in the action is deemed to have included all offenses known to have been committed before the action commenced. Any offense known to have been committed before the first action has been commenced may not be the basis of a separate non-judicial punishment action commenced after the first action has been commenced. Once the first action has been commenced, offenses thereafter committed may be the basis of additional non-judicial punishment actions in accordance with principles of fairness and justice. For example, assume a notification of intent to impose/recommend non-judicial punishment in dated 10 June 1980, alleging the commission by SGT Jones of an AWOL offense for May 1980. If another notification of intent to impose/recommend non-judicial punishment is dated 8 July 1980 alleging AWOL offenses by the same SGT Jones for unattended UTA's on 10 June 1980, a potential multiple offenses problem arises. To avoid this problem (which at the time of the first notification, a 10 June 80 AWOL may not have been anticipated), the approximate time of the commencement of the first action should be indicated on the notification under the commencement date section (see DMNA form 1063 (Appendix L-2[A25])). Also, the times or the numbers (UTA 1, 2, 3, or 4) of the UTA(s) unattended because the offender was AWOL and which were on the same date in the second action as was the date of the first notification, should be stated in the “charge” block 1 of the second notification. Thus all notifications should bear the time and date of commencement, and, if a UTA - AWOL situation, the number of the UTA which is the basis of the AWOL.

(vi)The severity of non-judicial punishment once imposed for any offense, may not thereafter be increased by the commander imposing the punishment, his successor in command, or superior authority, but may be suspended, mitigated, remitted or set aside by any of these persons as stated in subparagraphs (ii)-(iii) of this paragraph.

(vii)An offender has no right to demand trial by court-martial in lieu of non-judicial punishment. The commander authorized to impose the punishment may nevertheless, at any time, proceed by court-martial, even though he had initially elected to commence a non-judicial punishment action. In this event, all requirements for court-martial authority apply.

(viii)All correspondence concerning the processing of non-judicial punishment actions should substantially conform to the applicable forms in Appendix L-2 of this Part.

(ix)All correspondence and indorsements in the action must be dated or provide for a date, and at least one complete record submitted to the commander, NYANG, through HQ NYANG/SJA must bear original signatures or reproductions thereof on those parts of the record that require signatures and have been signed. This does not apply where the offender has not signed, though required to do so.

(x)Where the offender has a right to submit matters in extenuation, mitigation, or defense before punishment may be imposed, or as part of an appeal, or has a right to appeal, only the responsible commander may, upon timely request by the offender, grant reasonable extensions of time to submit such matters or exercise the right to appeal. Timely requestmeans request submitted within the time stated to reply to the correspondence.

(a)Any replies to correspondence by the offender submitted late may not be considered, unless the offender shows good cause for the delay and the matters submitted are meritorious. No further opportunity to show good cause or merit need be provided to the offender. Late means beyond the time required without extensions having been granted.

(b)Whether or not the late matters are considered, the responsible commander will note the date the late matters were submitted and forward them through the unit JA for inclusion in the record, to the next superior authority or the commander, NYANG through HQ NYANG/SJA, as appropriate.

(c)If the late matters are not to be considered, the responsible commander shall so state, including any comments he wishes to make.

(d)If the responsible commander finds good cause shown for the delay and that the matters submitted late have merit, he shall so state, including any comments he wishes to make, and he may use such as the basis for any otherwise permissible remedial action under this Part, if the punishment has already been imposed.

(e)If non-judicial punishment actions are commenced in cases where the same offense has been committed by two or more offenders at the same time, date, and place, the actions must be separate for each offender.

(2)Notification of intent to impose/recommend non-judicial punishment.

(i)The commander authorized to impose non-judicial punishment or the person recommending the imposition of non-judicial punishment, as the case may be, must mail or deliver to the offender written notification of the following: (See DMNA form 1063 (Appendix L-2[A25])).

(a)the specific offense(s) alleged to have been committed, the time, date and place of commission, and the statute allegedly violated; and

(b)the intention to impose non-judicial punishment or the intention to recommend the imposition of such punishment for such offense to the commander authorized to impose non-judicial punishment;

(c)the right of the offender to submit any matter in extenuation, mitigation, or defense to the charges; but that the offender need not do so, since any statement made by him may be used as evidence against him in a trial by court-martial; and

(d)the directions to the offender to acknowledge receipt of notification of the intended action by signing, dating and returning it within a specified period (usually at least 10 days from the date of mailing or delivery) to decide whether or not to submit any matters in extenuation, etc. accompanied by any such matters; and the advice that the action may nevertheless proceed upon the failure to reply or submit matters within the required time.

(3)Certificate of mailing or personal delivery.

(See DMNA form 1065 [Appendix L-2(A27)])

(i)Personal delivery. The individual who personally delivers the correspondence will certify on DMNA form 1065 that he has done so, and specify the date, place and person to whom delivered.

(a)Generally, to ensure that best efforts at notification were made, personal delivery to a person of suitable age and discretion other than the offender should only be made when delivery is at the last known residence of the offender and the offender is not present or will not accept delivery.

(b)If personal delivery was attempted at the last known residence of the offender, and neither the offender nor another person of suitable age and discretion thereat could or would accept delivery when it was attempted, the person attempting delivery may leave the correspondence in a place at such residence where it is reasonably likely to be found. He will also state on the certificate specifically where at the residence the correspondence was left.

(c)No other evidence of personal delivery is required but it is recommended that any receipts returned or obtained be placed in the record of the punishment which is to be ultimately placed in the field personnel record of the offender.

(ii)Mailing. Any mailing under this regulation may be by ordinary mail. The person mailing the correspondence so that it should ultimately be delivered by the United States Postal Service to the last known residence of the offender, must certify on DMNA form 1065 (Appendix L-2[A27]) that the specific correspondence was mailed on a specific date. No other evidence of mailing is necessary.

(iii)In a non-judicial punishment action, mailing or delivering the correspondence to the last known address of the offender is sufficient. The person receiving such correspondence at such address need not be the offender.

(a)Where, during the processing of the action, correspondence is mailed or delivered to the offender at more than one address and there is no receipt by or delivery personally to the offender, the person making the certificate must indicate the reasons for mailing or delivering the correspondence to the different addresses.

(4)Acknowledgement of receipt of notification.

The acknowledgement shall be the first indorsement to the notification of intent to impose/recommend non-judicial punishment. (DMNA form 1063 [Appendix L-2[A(25)]). The offender must be given a clear choice of whether or not he wishes to submit matters in extenuation, mitigation or defense. If he chooses to submit such matters, he must include the statement that they are attached to the acknowledgment, or will be sent within the specified time to reply to the notification.

(5)Imposition of punishment and notice of right to appeal.

The punishment may not be imposed until the earlier of the three following dates: the reply date specified in the notification; the date the offender has actually replied; or the date the notification has been returned unclaimed, addressee unknown, etc. The imposition of punishment should be the second indorsement to the notification and includes (DMNA form 1064 [Appendix L-2(A26)]):

(i)A statement that either:

(a)the matters submitted in extenuation, mitigation, or defense were considered and are attached. (It is here that the commander imposing the punishment may state the reasons why notwithstanding the matters submitted, punishment will nevertheless be imposed); or

(b)no acknowledgment or receipt of the notification was timely received; or the notification was returned unclaimed, addresse unknown, etc. as of a certain date; or the notification was received on a certain date, but no matters in extenuation, mitigation, or defense have been timely submitted.

(ii)The punishment imposed. Include, if desired, any admonitions or reprimands in separately numbered paragraphs.

(iii)Any suspension, mitigation, remission, or setting aside of any specified portion or all of the punishment if done at this time; and a specified date for the termination of the suspension for that part, or all of the punishment if suspended at this time. (Any punishment imposed without remedial action taken at this time is deemed executed on the date of the punishment indorsement, for purposes of any remedial action which can be taken in the future).

(iv)If an unsuspended reduction is imposed, the new date of rank in the grade to which reduced.

(v)Advice of right to appeal from the imposition of non-judicial punishment in accordance with Military Law, section 130.15(d), whether or not the punishment is suspended, mitigated, or remitted at this time, and the right to submit matters to be considered on an appeal.

(vi)The directions to acknowledge receipt of the punishment indorsement by signing, dating and returning it within a specified period (usually at least 10 days from the date the punishment indorsement was mailed or delivered), and to decide whether or not to appeal, accompanied by any matters to be considered on the appeal; and the advice that the action may nevertheless proceed upon the failure to reply or submit matters within the required time.

(vii)The commander may add a statement expressing his expectations that the offender's misconduct will not further occur, and that in the future, the offender will redeem this lapse in his conduct.

(viii)The decision as to appropriate punishment should be discussed with the servicing JA after the member has had an opportunity to present matters in defense, mitigation or extenuation. This determination can never be made properly until after careful consideration of all matters which the member presents. However, in the event that military member does not present proper matters, it is proper, before imposing the non-judicial punishment, to discuss appropriate punishment with the servicing JA, based upon the available information.

(6)Acknowledgement of receipt of punishment and notice of right to appeal indorsement (DMNA form 1064 [Appendix L-2(A27)]).

The offender must be given a clear choice of whether or not he elects to appeal, and whether or not he desires to submit matters for consideration on an appeal. If he chooses to submit such matters, advise him they should be attached to the acknowledgment.

(7)Certificate of mailing or personal delivery.

Comply with the provisions of paragraph (3) of this section (DMNA form 1065 [Appendix L-2(A27)]).

(8)Processing the action, with or without an appeal.

The next indorsement on DMNA form 1064 (Appendix L-2[A26]) will depend on whether or not the offender has timely elected to appeal and submitted matters to be considered on the appeal.

(i)If the offender timely appeals and timely submits matters to be considered on the appeal, the officer who imposed the punishment, shall by indorsement, forward the record (including the matters submitted to be considered on appeal, and any written comments on said matters such officer wishes to make), to the next superior authority to decide the appeal.

(ii)If the offender timely appeals, but does not timely submit matters to be considered on the appeal, whether or not he has indicated a desire to submit such matters on the acknowledgement of receipt of punishment and notice of right to appeal indorsement, the officer who has imposed the punishment shall state the lack of timely submission in his indorsement, and proceed as in subparagraph (i) of this paragraph.

(iii)If no acknowledgment of receipt of the punishment and notice of right to appeal indorsement has been timely received from the offender, or, if such indorsement has been returned unclaimed, addressee unknown, etc., before the reply date, or, if there is evidence the acknowledgement has been received by the offender, on a certain date but no appeal election and matters to be considered on the appeal have been timely submitted, or if the offender timely elects not to appeal; the officer who imposed the punishment shall, by indorsement, forward the record together with an applicable statement why the punishment is not being appealed, to his/her servicing JA.

(iv)The JA servicing the officer imposing punishment shall cause a review of the record to be made and if found free from defects shall affix to the record a certificate of legal sufficiency and forward two copies of the record to the JA servicing the appellate authority for legal sufficiency review.

(v)The JA servicing the appellate authority shall log and cause a legal sufficiency review to be made of the record. If the action is not legally sufficient then same will be returned for corrective action. If the action is legally sufficient, then a certificate of legal sufficiency shall be affixed and a copy of the action with certificate shall be kept for the appellate authority records.

(9)The appellate authority shall decide any appeal, may include reasons for his decisions, and shall return the record to the unit which forwarded the record, for further processing in accordance with this regulation, including directing the offender to acknowledge receipt of the decision on the appeal (DMNA form 1064 [Appendix L-2(A26)]).

9 NYCRR 520.4 - Termination of action without punishment

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(See Note 5 to DMNA form 1064 [Appendix L-2(A26)]).

(a)

(1)Once the action has been commenced, only the commander authorized to impose non-judicial punishment may terminate the action without imposing punishment.

(2)The commander authorized to impose non-judicial punishment in a given action must terminate the action without imposing punishment if no punishable offense has been proven to his satisfaction.

(i)Once the action is terminated without the imposition of punishment, the commander must, in accordance with the provisions of section 520.3(a)(3) of this Part, mail or deliver written notification of the termination of the action without imposition of punishment to:

(a)the individual formerly accused;

(b)any person who recommended the imposition of non-judicial punishment of the individual for the (unsatisfactorily proven) offense; and

(c)all immediate and intermediate commanders of the individual.

(ii)The notification shall include the order to forthwith expunge from the individual's records all references to the alleged commission of the offense by the individual and to the commencement of the non-judicial punishment action, and the commander shall place the notification in the individual's field personnel record.

(iii)The effect of such order to terminate and expunge is to fully restore the individual to the status he was in before the alleged commission of the offense.

(iv)No separate orders to expunge need be published, but the commander and the unit JA should maintain a record of the correspondence which terminated the action and expunged all references to the action from the individual's record.

(v)Although the unit JA is not required to review such a termination action for legal sufficiency, it is recommended the commander consult with his JA before terminating the action.

(vi)This commander's decision to terminate the action and expunge is final, not reviewable, nor will it be sent to HQ NYANG.

9 NYCRR 520.5 - Appeals

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(DMNA form 1066 [Appendix L-2(A28)])

(a)

(1)An appeal under section 130.15 will be acted upon by the authority next superior to the officer who imposed the punishment, if the person punished is still of the command of the officer who imposed the punishment at the time he appeals. If the punishment has been imposed under a delegation of a superior officer's power to impose non-judicial punishment, the appeal will be acted upon by the authority next superior to the officer who delegated the power. If, however, at the time he appeals from the punishment, the person punished is no longer of the command of the person who imposed the punishment, the appeal shall be acted upon by the authority next superior to that present commanding officer of the offender who can impose the same kind and amount of punishment as that imposed in the case or that resulting from any modification by other competent authority. The authority “next superior” to a particular commanding officer is the authority normally next superior in the chain of command or such other authority as may be designated as being next superior for the purposes of section 130.15 by higher authority. A superior authority who is a commanding officer exercising general court-martial jurisdiction or who is a general officer in command may delegate those powers he has, as superior authority under section 130.15(d), to a commissioned officer of his command exercising the function of deputy or assistant commander.

(2)Officers delegated the authority to impose certain types of non-judicial punishment (e.g., reductions), stand in the place of the delegating authority. Thus, the next superior authority in such actions is that authority next superior to the delegating authority, and his decision on the appeal is final.

(3)An unsuspended punishment imposed shall be executed and not stayed, pending a decision on an appeal.

(4)The record shall not be forwarded from the officer who imposed the punishment to the next superior authority until the election of whether or not to appeal has been received (including returned unclaimed, addressee unknown, etc.) or the reply time has expired, whichever comes first.

(5)The right to appeal is from the imposition of punishment whether on that date it was suspended, unsuspended, mitigated, remitted or set aside. If the punishment is later suspended, and the suspension is vacated, or if the punishment is later mitigated, remitted, or set aside, there is no right to appeal from such later actions.

(6)On appeals, the appellate authority may refer the record to the servicing JA for recommendation and review (DMNA form 1066 [Appendix L-2(A28)]).

9 NYCRR 520.6 - Vacation of suspension

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(a)

(1)Generally.

(i)Only the commander who imposed the punishment and suspended it, his successor-in-command, or superior authority may vacate a suspension.

(ii)Suspension of punishment may be vacated only if the offender commits an offense punishable under the Military Law after the date of suspension and before the suspension has automatically terminated. The newly committed offense may, but need not also be the subject of a separate non-judicial punishment action.

(iii)A single offense should be the basis for both vacation action and a new non-judicial punishment action only when the new offense warrants substantial additional punishment. Separate actions must be initiated in such event.

(iv)In a suitable case, the original punishment may be continued in a suspended status and a separate action commenced and punishment imposed for the new offense. (See section 520.2(c)(1)(iv) of this Part.)

(v)A vacation of suspension action must be in writing, and is commenced when the notification of intent to vacate (recommend vacation of) the suspension of punishment is mailed or delivered to the offender (DMNA form 1067 [Appendix L-2(A29)]).

(vi)The vacation action need not be entirely completed during the suspension period if during the suspension period the offender has been properly notified of the intent to vacate. Once the suspension period has terminated, a vacation action can no longer be commenced even though based on the alleged commission of an offense before the suspension has terminated. However, this offense may be the basis of a new non-judicial punishment action.

(vii)The commencement of a vacation action automatically extends the suspension period until the vacation action is decided.

(viii)There is no right to appeal a vacation action; however, the offender has the right to submit matters in extenuation, mitigation or defense.

(ix)The vacation action will be processed in the same manner regarding legal sufficiency review by the unit JA and forwarded to the commander, NYANG as the original non-judicial punishment action.

(2)Notification, certificates of mailing or personal delivery, acknowledgments of receipt of notification of vacation action, vacation of suspension.

(i)All procedures in administering non-judicial punishment (section 520.3(a) of this Part) except concerning appeal, shall be followed in vacation action.

(ii)The person authorized to vacate the suspension or the person recommending the vacation action, as the case may be, must include the following in the notification:

(a)the specific offenses alleged to have been committed, the time, date and place of commission and the statute allegedly violated; and

(b)the date and nature of the original punishment imposed, the person imposing it and for what offense; and

(c)the date and portion of the punishment suspended and the termination date of the suspension; and

(d)the intention to vacate the suspension or to recommend same, as the case may be; and

(e)the right of the offender to submit any matter in extenuation, mitigation, and defense to the charges, but that the offender need not do so, since any statement made by him may be used as evidence against him in a further non-judicial punishment action, or in a trial by court-martial; and

(f)the directions to acknowledge receipt of the notification, by signing, dating and returning it within a specified period (usually at least 10 days from the date of mailing or delivery), and to decide whether or not to submit matters in extenuation, etc. accompanied by any such matters; and the statement that the action may nevertheless proceed if the offender fails to respond or submit matters within the required time.

(iii)The certificates of mailing or delivery of the notification of vacation action are the same in this action as in the original non-judicial punishment action.

(iv)The acknowledgment of receipt of notification is the same as in the original non-judicial punishment action.

(v)The suspension may not be vacated until the earlier of the following three dates: the date specified in the notification for a response, the date the offender has actually responded, or the date the notification is returned unclaimed, addressee unknown, etc. The vacation of suspension includes:

(a)the same alternative statements as used for the imposition of punishment (see section 520.3[a][5][i][ a] and [b] of this Part); and

(b)the action taken, referring to the nature and date of the punishment imposed, and the execution date of the punishment; and

(c)if a suspended reduction is being vacated, the new date of rank and new rank; and

(d)the direction to acknowledge receipt of the vacation action by dating, signing and returning it (DMNA form 1068 [Appendix L-2(A30)]).

(vi)The vacation of suspension is effective on the date of vacation. No reply from the offender is required to further execute the punishment. The achnowledgement is further proof of the offender's notification of the vacation.

(vii)At any time before the suspension is vacated, the person authorized to vacate, his successor-in-command, or superior authority may terminate the action without vacation under circumstances in accordance with procedures specified in section 520.4(a) of this Part. (See note 3 to DMNA form 1068 [Appendix L-(A30)]).

(viii)In determining whether to vacate a suspension, the commander shall adhere to the same standard of proof and guidelines as in a non-judicial punishment action (see action 520.4[a][2] of this Part).

9 NYCRR 520.7 - Reduction of offenders in grades E-7, E-8 and E-9

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Dates and status

Compiling agency: Executive Department
Text status: Westlaw Inline Boundary Correction
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)

(1)Only the commander, NYANG is authorized to impose a reduction, suspended or unsuspended, in a non-judicial punishment action where the offender is in the grade of E-7, E-8 or E-9. Likewise, only the commander, NYANG is authorized to vacate a suspended reduction of an offender in grades E-7, E-8 or E-9.

(2)All procedures previously described in this regulation apply to any action involving the reduction of an offender in grades E-7, E-8 or E-9, subject to the following:

(i)Any non-judicial punishment imposed on an offender in grade E-7, E-8 or E-9, not involving reduction, shall be imposed at the unit level by the commander authorized to imposed such non-judicial punishment on offenders in grade E-7, E-8 or E-9.

(ii)If the commander authorized to non-judicially punish (other than reduction) such offenders, intends to impose reduction, the notification of offense from such commander to the offender shall state that he “intends to recommend to the commander, NYANG the imposition of non-judicial punishment.” The notification of offense shall not include a recommendation of the type or severity of punishment to be imposed.

(iii)The notification of offense shall direct that all replies and matters in extenuation, mitigation or defense be submitted to the commander who mailed or delivered the notification of offense.

(iv)After all requirements in this regulation preliminary to the actual imposition of non-judicial punishment are met, the commander who would have otherwise been authorized to impose the punishment, shall, by indorsement, forward the record through the Wing or Group commander (if the action is not commenced by the Wing or Group commander) and the unit JA for preliminary legal sufficiency review, to the commander, NYANG for determination of imposition of non-judicial punishment.

(v)The Wing or Group commander should indicate his approval or disapproval of the recommendation if he has not commenced the action, but shall not recommend the type or severity of punishment to be imposed in his forwarding indorsement to the commander, NYANG.

(a)If the Wing or Group Commander commences the action, he shall, by indorsement, forward the record through the unit JA to commander, NYANG, with no recommendation of type or severity of punishment, as stated above.

(vi)After the notification of offense is mailed or delivered and before the record is forwarded to the commander, NYANG, the commander authorized to non-judicially punish (other than reduction) these offenders, may terminate the action without imposition of any type of punishment, if the offense has not been satisfactorily proven to him, or he may impose a type of punishment other than reduction, if he determines that the initially intended reduction is no longer warranted.

(a)In either of these events, the action shall be further processed as stated in this regulation for actions that are terminated at the unit level, or for actions where punishment is imposed at the unit level, as the case may be.

(vii)Where the commander, NYANG is forwarded the record to initially determine whether or not to impose non-judicial punishment, he takes the place of the commander at the unit level with all his authority for non-judicial punishment actions (i.e., imposition of punishment, termination without punishment, or termination of action and processing by court-martial).

(viii)If commander, NYANG imposes a reduction (although he may impose any type of non-judicial punishment he deems appropriate) only he, his successor-in-command, or superior authority may suspend, vacate a suspension, mitigate, remit or set aside the reduction.

(a)Whatever remedial action the commander, NYANG takes, once the appellate process is completed, the record shall be maintained at the unit level, and the commander, NYANG shall be notified of any further misconduct committed by such offender during any suspension period.

(b)Any vacation action shall be commenced by the unit commander or Wing or Group commander recommending the vacation action to the commander, NYANG and mailing or delivering the notification to the offender in accordance with this regulation.

(ix)All appeals from punishment imposed by commander, NYANG are to be forwarded through DMMA/MNJA to the Chief of Staff to the Governor who is the appellate authority.

(x)Whether or not the offender appeals from punishment imposed by the commander, NYANG, the SJA, NYANG shall review the record for legal sufficiency.

(xi)Once the appeal has been decided by the Chief of Staff to the Governor, the record shall be forwarded through the commander, NYANG back to the Wing or Group commander who will further process the record pursuant to this regulation.

9 NYCRR 520.8 - Indorsing forms and correspondence

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Normal indorsements using normal correspondence principles shall apply.

9 NYCRR 520.9 - Copies

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)Prepare enough copies of all correspondence and forms to provide one for the offender, plus one for each level of command that handles the action. The unit JA shall retain a record of the action in his file.

(b)The commander must furnish the required number of copies to the unit JA for processing under section 520.10(a) of this Part.

(c)Each copy must be signed and dated, or be reproduced from the signed original.

9 NYCRR 520.10 - Action taken on records of punishments, including vacation, suspension, mitigation, remission and set aside actions

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)

(1)The commander who imposed the punishment or who took the vacation, suspension, mitigation, remission or set aside action, forwards the record to the servicing JA in the number of copies specified in section 520.9(a) of this Part. This commander shall be responsible for forwarding at least one copy of the complete record for review to the next superior authority.

(2)When the punishment is appealed, the servicing JA shall:

(i)Be responsible for forwarding the record through channels to the appropriate appellate authority.

(ii)After the offender has acknowledged action on the appeal, his immediate commander shall return the record to the servicing JA who shall distribute copies of the record as provided in section 520.9(a) of this Part.

(3)The unit JA will ensure that all records are complete including all receipts of mailing returned, and matters submitted by the offender, whether or not submitted late.

9 NYCRR 520.11 - Effect of errors

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

A failure to comply with any of the procedural provisions of this regulation shall not invalidate a punishment imposed under Military Law, section 130.15.

9 NYCRR 520.12 - Disposition of records

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The disposition of documents of non-judicial punishment actions is governed by applicable ANG documents of AF regulations.

(b)The unit CBPO will retain the record of the non-judicial punishment action as part of the member's permanent record.

9 NYCRR 520.13 - Supplements

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Dates and status

Compiling agency: Executive Department
Text status: Source receipt
Compiled text through: Aug 15, 2022
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Supplements to this regulation may be issued only by a Wing or Group headquarters and must be submitted in writing to HQ NYANG for written approval before publication.

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