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Article 15: Difference between revisions
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Clemency action is a reduction in the severity of disciplinary measures done at the discretion of the officer authorized to take such action for whatever reason deemed sufficient. Remedial corrective action is a reduction in the severity of disciplinary measures or other action taken by proper authority to correct some defect in the NJD proceeding and to offset the adverse impact of the error on the accused's rights. | Clemency action is a reduction in the severity of disciplinary measures done at the discretion of the officer authorized to take such action for whatever reason deemed sufficient. Remedial corrective action is a reduction in the severity of disciplinary measures or other action taken by proper authority to correct some defect in the NJD proceeding and to offset the adverse impact of the error on the accused's rights. | ||
The following officials have authority to take clemency action or remedial corrective action: | The following officials have authority to take clemency action or remedial corrective action:<br> | ||
(1) the officer who initially imposed the NJD; | (1) the officer who initially imposed the NJD;<br> | ||
(2) the authority who initially imposed the NJD (the office rather than the officer); | (2) the authority who initially imposed the NJD (the office rather than the officer);<br> | ||
(3) the successor in command over the person issued disciplinary measures; | (3) the successor in command over the person issued disciplinary measures;<br> | ||
(4) the superior authority to whom an appeal from the disciplinary measure(s) would be forwarded, whether or not such an appeal has been made; | (4) the superior authority to whom an appeal from the disciplinary measure(s) would be forwarded, whether or not such an appeal has been made;<br> | ||
(5) the commanding officer or officer in charge of a unit, activity, or command to which the accused is properly transferred after the imposition of disciplinary measure by the first commander; and | (5) the commanding officer or officer in charge of a unit, activity, or command to which the accused is properly transferred after the imposition of disciplinary measure by the first commander; and<br> | ||
(6) the successor in command of the latter. | (6) the successor in command of the latter.<br> | ||
The types of action that can be taken either as clemency or corrective action are setting aside, remission, mitigation, and suspension. | The types of action that can be taken either as clemency or corrective action are setting aside, remission, mitigation, and suspension. | ||