The Vermont Statutes Online

Title 20 : Internal Security and Public Safety

Chapter 039 : Courts-Martial

Subchapter 002 : Nonjudicial Discipline

• § 964. Appeals from nonjudicial discipline decisions

  (a)(1) A service member disciplined under this subchapter who considers the discipline unjust or disproportionate to the offense may appeal to the next superior authority within 15 days after the discipline is either announced or notice of the discipline is sent to the accused, as the commander under section 961 or the appointing authority under section 963 of this subchapter may determine.

  (2) An appeal from the decision of an appointing authority under section 963 of this subchapter shall be taken directly to the next higher authority, unless the action is initiated by a general officer, in which case the Adjutant and Inspector General shall have the final decision.

  (b) The appeal shall be promptly forwarded and decided, but the service member disciplined may, in the meantime, be required to undergo the discipline adjudged.

  (c)(1) The superior authority may exercise the same powers with respect to the discipline imposed as may be exercised under section 961 or 963 of this subchapter by the officer who imposed the discipline, except that the superior authority shall not impose any discipline in excess of what was originally imposed.

  (2) Before acting on an appeal, the authority may refer the case to a judge advocate for consideration and advice. (Added 2013, No. 124 (Adj. Sess.), § 2.)