Haw. Code R. § 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

(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.

Notes

Haw. Code R. § 7-4-16

[Eff: FEB 11 1985] (Auth: HRS §§ 124A-61, 124A-171) (Imp: HRS § 124A-51)