Article 32, Section 832 Text

[Crimson12]

What is the name of your state (only U.S. law)? (UCMJ related only)

If the answer is known to be elsewhere please let me know and I'll search again.

In regard to Article 32, Section 832, letter 'd' confuses me. It reads: (d) "The requirements of this article are binding on all persons administering this chapter but failure to follow them does not constitute judicial error."

If a chain of command or anyone in the pre-court martial stages doesn't follow a, b, or c and d expressly states all persons are bound to these requirements, if they do not follow the regulation set forth, how does that not constitute judicial error?

I'm a layperson in legal matters so maybe there's an easy explanation for this. But specifically, if a person is trying to get a characterization upgrade and it's found that the appropriate steps were not followed, does the latter portion cover the military from having to correct their mistake? I can get more specific but I was hoping there was an easy explanation for these seemingly contradicting elements of this sentence.

Thank you for pointing me in the right direction or addition information I need to look up.

 

[FlyingRon]

Judicial error has a specific meaning. It's a basis for appealing a decision. This clause says that failure to follow these aren't a basis for appeal just becuase they weren't followed. However, you can certainly insist the rules be followed while the process is being conducted.

 

[Crimson12]

Thank you.