34i. Right to AppealOnly one appeal is
permissible pursuant to UCMJ, Art. 15 proceedings. An appeal not made within a reasonable time maybe rejected as untimely by the superior authority. A reasonable time will vary according to the situation however, an appeal (including all documentary matters) submitted more than 5 calendar days after the punishment is imposed will
be presumed to be untimely, unless the superior commander, in the superior commander’s sound discretion
for good cause shown, determines it to be timely. While the punishment generally runs during the appeals period, if the command takes longer
than the designated period, and the Soldier requests, the punishments involving deprivation of liberty will be interrupted until the appeal is completed.
2. SummarizedThe rights in a summarized proceeding are similar to the formal proceeding, but are limited to the following Reasonable decision period (normally 24 hours Demand trial by court-martial.
• Remain silent Hearing
Present matters in defense, extenuation, and mitigation Confront witnesses Appeal.
I. Hearing1. The hearing is non-adversarialThis means that the hearing is not like a courtroom hearing (i.e., a court-martial). Neither the Soldier nor their spokesperson (or retained lawyer) may examine or cross-examine witnesses unless allowed by the commander. However, the Soldier or spokesperson or lawyer can indicate to the imposing commander the relevant issues or questions that they would like the commander to explore or ask witnesses about.
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