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Searching 2021-2022 Session

The Vermont Statutes Online


Title 20 : Internal Security and Public Safety

Chapter 039 : COURTS-MARTIAL


(Cite as: 20 V.S.A. § 963)
  • § 963. Nonjudicial discipline panels

    (a) When a service member elects to have his or her case heard before a nonjudicial discipline panel as provided in section 962 of this subchapter, the panel shall be formed as follows:

    (1) The panel shall consist of three members, appointed by the next higher authority of the commanding officer who seeks to impose the nonjudicial discipline.

    (2) The members of the panel shall be officers who are senior to the service member requesting the panel. If it is an enlisted service member requesting the panel, there shall be at least one enlisted service member on the panel, but that enlisted service member must be senior to the enlisted service member requesting the panel.

    (3) The senior member of the panel shall be the chair. The most junior member shall be the recorder and shall record summaries of the proceedings.

    (4) If the nonjudicial discipline is being offered by a general officer, the panel shall consist of three members appointed by the Adjutant and Inspector General with the most senior member being the chair and the most junior member being the recorder, who shall record the summaries of the proceedings.

    (b) The panel decision shall be by majority vote. The panel shall have the same authority and responsibility in conducting the proceeding and disposing of the matter, including imposing nonjudicial discipline, as has a commanding officer of the grade of major or above pursuant to this subchapter.

    (c)(1) The panel shall forward its recommendation for disposition and imposition of discipline, if any, to the authority who appointed the panel under subsection (a) of this section.

    (2)(A) The appointing authority may approve the recommended discipline or any part or amount as the appointing authority sees fit and may suspend, mitigate, or remit the recommended discipline as he or she deems appropriate.

    (B) The appointing authority shall not approve any discipline in excess of that recommended by the panel. (Added 2013, No. 124 (Adj. Sess.), § 2.)