48-2302. (KCMJ Art.

324 words·~1 min read·/ks/chapter-48/48-2302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

48-2302. (KCMJ Art. 15a) Nonjudicial punishment; de novo review; appeal.

(a)A person punished under K.S.A. 48-2301 , and amendments thereto, by a company-grade commanding officer who considers the findings unsupported by the evidence or the punishment unjust or disproportionate to the offense can demand from the commanding officer a de novo review of the findings and punishment.

(1)Upon such demand, any punishment shall be stayed and the hearing record, evidence and supporting documents under K.S.A. 48-2301 , and amendments thereto, shall be forwarded to the next superior field-grade commander.

(2)Upon receipt of such evidence, the next superior commander shall obtain a written legal review of the matter and, after providing the accused an opportunity to be heard, make a written decision on:

(A)Whether to uphold or reverse any finding of guilt; and

(B)whether to uphold, mitigate or reduce any punishment.

(b)A person punished under K.S.A. 48-2301 , and amendments thereto, by a field-grade commanding officer, or an officer of a general or flag rank in command who considers the punishment unjust or disproportionate to the offense can, through the proper channel, appeal to the next superior commander within 10 days of being informed about the punishment.

(1)The appeal shall be promptly forwarded and decided, but the person punished may be required to undergo the punishment. The superior commander may exercise the same powers with respect to the punishment imposed in K.S.A. 48-2301 (f), and amendments thereto.

(2)Before acting on an appeal, the superior commander in charge of the appeal must give the accused the opportunity to be heard and can refer the case to a judge advocate for consideration and advice. The manner in which the opportunity to be heard is exercised at the sole discretion of the superior commander.

(c)A person punished under K.S.A. 48-2201 , and amendments thereto, is entitled to one appeal but is not entitled to any appeal under this section.