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SUBCHAPTER III. NON-JUDICIAL PUNISHMENT
815. 15. Commanding Officer's non-judicial punishment
(a) Under such regulations as the President may prescribe,
and under such additional regulations as may be prescribed by
the Secretary concerned, limitations may be placed on the powers
granted by this article with respect to the kind and amount of
punishment authorized, the categories of commanding officers and
warrant officers exercising command authorized to exercise those
powers, the applicability of this article to an accused who
demands trial by court-martial, and the kinds of courts-martial
to which the case may be referred upon such a demand. However,
except in the case of a member attached to or embarked in a
vessel, punishment may not be imposed upon any member of the
armed forces under this article if the member has, before the
imposition of such punishment, demanded trial by court-martial
in lieu of such punishment. Under similar regulations, rules may
be prescribed with respect to the suspension of punishments
authorized by regulations of the Secretary concerned, a
commanding officer exercising general court-martial jurisdiction
or an officer of general or flag rank in command may delegate
his powers under this article to a principal assistant.
(b) Subject to subsection (a) any commanding officer may, in
addition to or in lieu of admonition or reprimand, impose one or
more of the following disciplinary punishments for minor
offenses without the intervention of a court-martial--
(1) upon officers of his command--
(A) restriction to certain specified limits, with or without
suspension from duty, for not more that 30 consecutive days;
(B) if imposed by an officer exercising general court-martial
jurisdictions or an officer of general flag rank in command--
(i) arrest in quarters for not more than 30 consecutive days;
(ii) forfeiture of not more than one-half of one month's pay
per month for two months;
(iii) restriction to certain specified limits, with or
without suspension from duty, for not more than 60 consecutive
days;
(iv) detention of not more than one-half of one month's pay
per month for three months;
(2) upon other personnel of his command--
(A) if imposed upon a person attached to or embarked in a
vessel, confinement on bread and water or diminished rations for
not more than three consecutive days;
(B) correctional custody for not more than seven consecutive
days;
(C) forfeiture of not more than seven days' pay;
(D) reduction to the next inferior pay grade, if the grade
from which demoted is within the promotion authority of the
officer imposing the reduction or any officer subordinate to the
one who imposes the reduction;
(E) extra duties, including fatigue or other duties, for not
more than 14 consecutive days;
(F) restriction to certain specified limits, with or without
suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days' pay;
(H) if imposed by an officer of the grade of major or
lieutenant commander, or above--
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive
days;
(iii) forfeiture of not more than one-half of one month's pay
per month for two months;
(iv) reduction to the lowest or any intermediate pay grade,
if the grade from which demoted is within the promotion
authority of the officer imposing the reduction or any officer
subordinate to the one who imposes the reduction, by an enlisted
member in a pay grade above E-4 may not be reduced more than two
pay grades;
(v) extra duties, including fatigue or other duties, for not
more than 45 consecutive days;
(vi) restriction to certain specified limits, with or without
suspension from duty, for not more than 60 consecutive days;
(vii) detention of not more than one-half of one month's pay
per month for three months.
Detention of pay shall be for a stated period of not more
than one year but if the offender's term of service expires
earlier, the detention shall terminate upon that expiration. No
two or more of the punishments of arrest in quarters,
confinement or bread and water or diminished rations,
correctional custody, extra duties, and restriction may be
combined to run consecutively in the maximum amount impossible
for each. Whenever any of those punishments are combined to run
consecutively, there must be an apportionment. In addition,
forfeiture of pay may not bee combined with detention of pay
without an apportionment. For the purpose of this subsection,
"correctional custody" is the physical restraint of a person
during duty or nonduty hours and may include extra duties,
fatigue duties, or hard labor. If practicable, correctional
custody will not be served in immediate association with persons
awaiting trial or held in confinement pursuant to trial by
court-martial.
(c) An officer in charge may impose upon enlisted members
assigned to the unit of which he is in charge such of the
punishment authorized under subsection (b)(2)(A)-(G) as the
Secretary concerned may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in
subsection (b), or his successor in command, may, at any time,
suspend probationally any part or amount of the unexecuted
punishment imposed and may suspend probationally a reduction in
grade or forfeiture imposed under subsection (b), whether or not
executed. In addition, he may, at any time, remit or mitigate
any part or amount of the unexecuted punishment imposed and may
set aside in whole or in part the punishment, whether executed
or unexecuted, and restore all rights, privileges and property
affected. He may also mitigate reduction in grade to forfeiture
or detention of pay. When mitigating--
(1) arrest in quarters to restriction;
(2) confinement on bread and water or diminished rations to
correctional custody;
(3) correctional custody confinement on bread and water or
diminished rations to extra duties or restriction, or both; or
(4) extra duties to restriction;
the mitigated punishment shall not be for a greater period
than the punishment mitigated. When mitigating forfeiture of pay
to detention of pay, the amount of detention shall not be
greater than the amount of the forfeiture. When mitigating
reduction in grade to forfeiture or detention of pay, the amount
of the forfeiture or detention shall not be greater than the
amount that could have been imposed initially under this article
by the officer who imposed the punishment mitigated.
(e) A person punished under this article who considers his
punishment unjust or disproportionate to the offense may,
through proper channels, appeal to the next superior authority.
The appeal shall be promptly forwarded and decided, but the
person punished may in the meantime be required to undergo the
punishment adjudged. The superior authority may exercise the
same powers with respect to punishment imposed as may be
exercised under subsection (d) by the officer who imposed the
punishment. Before acting on appeal from a punishment of--
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) forfeiture of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a
higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay;
the authority who is to act on the appeal shall refer the
case to a judge advocate or a lawyer of the Department of
Transportation for consideration and advice, and may so refer
the case upon appeal from any punishment imposed under
subsection (b).
(f) The imposition and enforcement of disciplinary punishment
under this article for any act or omission is not a bar to trial
by court-martial for a serious crime or offense growing out of
the same act or omission, and not properly punishable under this
article; but the fact that a disciplinary punishment has been
enforced may be shown by the accuse upon trial, and when so
shown shall be considered in determining the measure of
punishment to be adjudged in the event of a finding of guilty.
(g) The Secretary concerned may, by regulation, prescribe the
form of records to be kept under this article and may also
prescribe that certain categories of those proceedings shall be
in writing. |
