Vermont § 962 - Service members subject to nonjudicial discipline

§ 962. Service members subject to nonjudicial discipline

• (a) A service member subject to nonjudicial discipline under this subchapter shall, during
  the course of his or her disciplinary proceedings, have the right to: (1) consult with a judge advocate or with private counsel at the service member’s own
  expense; (2) submit matters in extenuation, mitigation, or defense; and (3) call and examine witnesses, to the extent witnesses are reasonably available. (b)(1) Except as provided in subdivision (2) of this subsection, a service member subject
  to nonjudicial discipline shall have the right to demand a court-martial in lieu of
  nonjudicial discipline. (2) A service member subject to nonjudicial discipline shall not have the right to demand
  a court-martial in lieu of nonjudicial discipline if the commanding officer will not
  impose a restriction to certain specified limits, a fine, or extra duties if, after
  a hearing, the service member is found guilty of any offense with which he or she
  is charged and the commanding officer advises the service member of that fact when
  the commanding officer notifies the service member of his or her intent to impose
  nonjudicial discipline. (c)(1) A service member subject to nonjudicial discipline under this subchapter may elect
  to have his or her case heard before a nonjudicial discipline panel, described in
  section 963 of this subchapter. (2) The service member shall have 24 hours from the commanding officer’s notice of his
  or her intent to dispose of the matter by nonjudicial discipline to make an election
  for disposition by a nonjudicial panel, and shall have the right to consult with a
  judge advocate or with private counsel at the service member’s own expense prior to
  making such a decision. (Added 2013, No. 124 (Adj. Sess.), § 2; amended 2021, No. 10, § 54.)