26-1015
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26-1015. Commanding officer; nonjudicial punishment A. Under rules the governor adopts and under such additional rules as prescribed by the adjutant general, limitations may be placed on the powers granted by this chapter 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 chapter to an accused who demands trial by court-martial and the kinds of courts-martial to which the case may be referred on such a demand. Punishment may not be imposed on any member of the national guard under this chapter if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Similar rules may be prescribed with respect to the suspension of authorized punishments. If authorized by rules of the adjutant general, a commanding officer exercising general court-martial jurisdiction or an officer of general flag rank in command may delegate his powers under this article to a principal assistant. B. Subject to subsection A, any commanding officer, in addition to or in lieu of admonition or reprimand, may impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial: 1. On officers of his command: (a) Restriction to certain specified limits, with or without suspension from duty, for not more than thirty consecutive days. (b) If imposed by the governor, the adjutant general or a general officer in command: (i) Arrest in quarters for not more than thirty consecutive days. (ii) Forfeiture or a fine in an amount of not more than fourteen drill periods. (iii) Restriction to certain specified limits, with or without suspension from duty, for not more than sixty consecutive days. (iv) Detention of not more than one-half of one month's pay per month for three months. 2. On other personnel of his command: (a) Correctional custody for not more than seven consecutive days. (b) Forfeiture or fine in an amount of not more than seven drill periods. (c) Reduction to the next inferior pay grade, if the grade from which the person demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction. (d) Extra duties, including fatigue or other duties, for not more than fourteen consecutive days. (e) Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen consecutive days. (f) Detention of not more than fourteen days' pay. (g) If imposed by an officer of the grade of major or above: (i) Correctional custody for not more than thirty consecutive days. (ii) Forfeiture or fine in an amount of not more than fourteen drill periods. (iii) Reduction to the lowest or any intermediate pay grade, if the grade from which the person is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades. (iv) Extra duties, including fatigue or other duties, for not more than forty-five consecutive days. (v) Restriction to certain specified limits, with or without suspension from duty, for not more than sixty consecutive days. (vi) Detention of not more than one-half of one month's pay per month for three months. C. 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 on that expiration. No two or more of the punishments of arrest in quarters, correctional custody, extra duties or restriction may be combined to run consecutively in the maximum amount that may be imposed for each. If any of those punishments are combined to run consecutively, there shall be an apportionment. In addition, forfeiture of pay shall not be combined with detention of pay without an apportionment. For the purpose of this subsection, "correctional custody" means 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 shall not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial. D. An officer in charge may impose on enlisted members assigned to the unit of which he is in charge punishments authorized under subsection B, paragraph 2 as the governor specifically prescribes by rule. E. The officer who imposes a punishment authorized in subsection B or his successor in command may suspend probationally, at any time, any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection B, whether or not the punishment is executed. In addition, he may remit or mitigate, at any time, 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. If mitigating an arrest in quarters to restriction, a correctional custody to extra duties or restriction, or both, or extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment mitigated. If mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. If 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. F. A person who is punished under this article and who considers his punishment unjust or disproportionate to the offense may appeal, through the proper channel, to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may be required in the meantime to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection E by the officer who imposed the punishment. Before acting on an appeal from a punishment of arrest in quarters for more than seven days, correctional custody for more than seven days, forfeiture of more than seven days' pay, reduction of one or more pay grades from the fourth or a higher grade, extra duties for more than fourteen days, restriction for more than fourteen days or detention of more than fourteen days' pay, the authority who is to act on the appeal shall refer the case to a judge advocate for consideration and advice and may so refer the case on appeal from any punishment imposed under subsection B. G. The imposition and enforcement of disciplinary punishment under this section 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 section. The fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and if so shown shall be considered in determining the measure of punishment to be adjudged if there is a finding of guilty. H. The adjutant general, by rule, may prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing. |