Key Benefits:
Minister of Defence,
Vu le Code of Military Justiceincluding article L. 311-13;
Vu le Defence codeincluding article R. 4137-23-1;
Vu le Decree No. 2008-956 of 12 September 2008 relating to foreign military personnel, including article 26,
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For the purposes of the provisions of this Order, the military hierarchy of reference is the general military hierarchy, fixed to theArticle L. 4131-1 of the Defence Code.
Can only sit in this commission in a position of activity, and not beneficiaries, either of the leave provided for in theArticle L. 4138-2 of the Defence Code, special availability provided atArticle L. 4141-2 of the Defence Code.
The composition of the commission shall be taken into account in the case of members who are removed from the frames or removed from the controls:
- the rank held before the termination of the military state occurs;
- for foreign military service, of the rank held before a reduction penalty of one or more grades has been imposed, provided that such penalty is after the sanction for which the application is made;
- for all other cases, the grade held at the time of application.
In each army or related training, the commission consists of three members:
- where the applicant is a senior officer: an officer-general, president, officer of a higher rank than that of the applicant and an officer of the same rank and the same attached army or training as the applicant, and, unless impossible, older in the rank;
- where the applicant is a subordinate officer: a colonel, president, superior officer and a subordinate officer of the same rank and rank and the same attached army or formation as the applicant, and, unless impossible, older in the rank;
- where the applicant is a non-commissioned officer: a superior officer, president, a senior officer and a non-commissioned officer of the same rank and rank and the same attached army or formation as the applicant, and, unless it is impossible, older in the rank;
- where the applicant is a member of the rank: a captain, president, a non-commissioned officer and a member of the rank of the same rank and the same army or related training as the applicant, and, unless impossible, older in the rank.
For the purposes of the provisions of this chapter, the aspirant is considered to be a holder of the rank of a sub-lieutenant and the student is considered to be a holder of the first grade to which he or she is intended to access his or her out of school.
By derogation from the preceding paragraph, where the applicant is a medical, veterinary, pharmacist or dental surgeon, he is considered to be the holder of the first grade to which he or she is intended to access his or her outing.
When the applicant is a member serving or serving under a contract, the commission shall be composed of at least one member serving under contract.
When the Disciplinary Disciplinary Disciplinary Disposition Board is required to issue a notice on the application for the removal of a military chaplain, the Panel shall be composed of the following members:
– an officer general of the first section, president;
- the chief chaplain of the worship of the applicant;
a military chaplain of the same rank and worship as the plaintiff, and, unless impossible, older in rank.
When the Disciplinary Sanctions Disciplinary Disciplinary Disciplinary Disposition Board is required to issue a notice on the application for a sanction of a General Officer, the Panel shall consist of the following members:
– the Chief of Staff or the corresponding authority for the related trainings, President;
an inspector general of the armed forces;
- an officer general of the first section of the same rank as the applicant and, unless impossible, older in grade.
When the Disciplinary Sanctions Disciplinary Disciplinary Disciplinary Disposition Board is to issue a notice on a member of the military corps of the general control of the armies, the Panel is composed of the following members:
– the chief controller of the general control of the armies, president;
a general controller of the armies;
a member of the general control of the armies of the same rank and, unless impossible, older in the rank held than the applicant.
When the Disciplinary Sanctions Disciplinary Disciplinary Disciplinary Reflection Board is required to issue a notice on a nurse and technician in the military hospitals, the Panel is composed of the following members:
- a doctor, of a grade at least equal to that of the rank of colonel, president;
– a colonel’s rank of military personnel;
– a nurse and technician of the hospitals of the same corps and the same rank as the comparant, and, unless impossible, older in that rank.
A member may sit on several committees.
However, cannot be part of a commission:
1° Parents or allies of the applicant up to the fourth degree inclusive;
2° The authors of a complaint or record of the facts in question;
3° The military who issued a notice during the disciplinary proceedings leading to the sanction that is requested to be deleted;
4° The applicant's class chair;
5° Members who have been part of a disciplinary or investigative board called to know the same matter;
6° The military who issued a notice for a previous request to erase the facts in question.
The Chief of Staff of the concerned Army or the corresponding authority for the related trainings acknowledges receipt of the application. It verifies the admissibility of the application under the provisions of the first paragraph of Article R. 4137-23-1 of the Defence Code, if any, the member or the former member shall inform the member of the inadmissibility of the member.
The Minister of Defence or the authorized military authorities shall notify their decision within two months of receipt of the application.
Upon receipt of the application, the Minister of Defence, or the military authority authorized to abolish the sanctions, shall establish the commission and appoint its members.
When the application comes from a general officer or a first, second or third level military authority, the chief of the army staff or the corresponding authority for the related formations shall bring the commission together. At the end, he forwards the notice to the Minister of Defence.
Each member of the commission is designated by meeting the conditions set out in the previous chapter. For each licensee, two alternates are designated.
Subject to the fourth paragraph of section R. 4137-23-1, where, for an attached army or training, the staffing situation does not allow for the designation of members, the Minister of Defence designates such members by appealing to military personnel under another army or training.
In the event that the chair or one of the members of the commission is unable to do so, the authority referred to in the previous article shall make their replacement by appointing their alternate. In impossibility, the date of the committee meeting is postponed.
Upon designation, the Chairperson of the Commission shall determine the date and place of the meeting.
The chair of the commission shall be issued to the members who have a connection to service, a noticeable statement and services, a statement of uncleared and non-amnested disciplinary sanctions and a copy of the notation bulletins since the sanction was imposed.
For former military personnel, the chair of the commission shall, if necessary, be consigned to archived documents which shall be requested by the Minister of Defence or the authorized military authorities.
A member or former member who wishes to appear shall be informed of the date and place of the meeting at least seven working days before the meeting is held.
If, after having asked to appear, the member or the former member does not attend the meeting of the commission, mention of his absence is made on the record of the commission that is given to the competent authority seized of the request for deletion.
The Chairperson and other members of the Commission may not abstain and must give a favourable or non-deletion opinion. The notice is rendered by a majority of the members.
The notice of the commission must be signed by all members and immediately sent to the Minister of Defence or the military authority authorized to make the removal of the sanctions.
If the Commission considers that the person concerned, by his general conduct, has given any satisfaction since the sanction he has been subjected to, it mentions it on the record of the commission that will be handed over to the competent authority seized of the request for deletion, so that it may accede to the request.
In the event of a rejection of a request for the removal of a disciplinary penalty, the decision refers to the avenues and time limits of appeal to the member or the former member.
The member or the former member concerned may submit a new application only after a period of two years from the date of the rejection decision.
The Chief of Staff of the Armed Forces, the Delegate General for Arming, the Secretary General for Administration, the Chief of Staff of the Army of Land, the Chief of Staff of the National Navy, the Chief of Staff of the Air Force, the Director General of the National Gendarmerie and the central directors of the services concerned are responsible, each with respect to it, for the execution of this official decree.
Done on 9 April 2014.
Jean-Yves Le Drian
