46-1107 COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT.
MILITIA AND MILITARY AFFAIRS
CHAPTER 11
CODE OF MILITARY JUSTICE
46-1107. Commanding officer’s nonjudicial punishment. (1) Any commanding officer, not necessarily the accused’s immediate commanding officer, may, in addition to or in lieu of admonition or reprimand, impose one (1) or more of the following disciplinary punishments for minor offenses punishable under this chapter, without the intervention of a court-martial. However, except in the case of a member attached to or embarked on a vessel, punishment may not be imposed upon any member under this chapter if the member has, before the imposition of punishment, demanded trial by court-martial in lieu of the punishment.
(a) Upon officers of his command:
(i) Restriction to certain specified limits, with or without suspension from duty, for not more than seven (7) consecutive duty days during any period or periods of duty;
(ii) If imposed by a general officer:
1. Restriction to quarters for not more than seven (7) consecutive duty days during any period or periods of duty;
2. Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen (14) duty days during any period or periods of duty;
3. Fine, not to exceed two hundred dollars ($200).
(b) Upon other personnel of his command:
(i) Reduction to the next inferior 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;
(ii) Extra duties, including fatigue or other duties for not more than seven (7) consecutive duty days during any period or periods of duty;
(iii) Restriction to certain specified limits, with or without suspension from duty for not more than seven (7) consecutive duty days during any period or periods of duty;
(iv) Fine, not to exceed seventy-five dollars ($75.00);
(v) If imposed by a commander of the rank of major or above:
1. 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, but an enlisted member above the grade of E-4 may not be reduced more than two (2) grades;
2. Extra duties, including fatigue or other duties, for not more than fourteen (14) consecutive duty days during any period or periods of duty;
3. Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen (14) consecutive duty days during any period or periods of duty;
4. Fine, not to exceed one hundred dollars ($100).
No two (2) or more of the punishments of extra duties and restrictions may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment so that the total period for both punishments will not exceed the maximum imposable for either punishment.
(2) The member shall be given written notification of a commander’s intention to impose punishment under this section and an opportunity to make a personal presentation to the commander proposing to impose the punishment prior to imposition of punishment and of his right to appeal within two (2) duty days to the next higher authority.
(3) The officer who imposes the punishment authorized in subsection (1) of this section, 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 imposed under subsection (1) of this section, 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 and privileges affected. When mitigating extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment originally imposed.
(4) A person punished under this section who considers his punishment unjust or disproportionate to the offense may appeal to the next higher authority by delivering written notice of the appeal within two (2) duty days after receipt of written notification of the punishment. The appeal shall be promptly decided, but the person punished shall not in the meantime be required to undergo the punishment adjudged. The higher authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (3) of this section by the officer who imposed the punishment.
(5) The imposition and enforcement of disciplinary punishment under this section for any act or omission shall not be a bar to trial by court-martial for a serious offense growing out of the same act or omission, and not properly punishable under this section, but shall be considered in imposing any sentence for a court-martial conviction arising out of the same act or omission.
(6) All records of nonjudicial punishment under this section shall be destroyed upon the termination of the person’s current period of enlistment or after two (2) years of honorable service in the military without further disciplinary action under this section or a conviction by court-martial, whichever occurs first.
(7) The term "minor offenses," as used in this section, means any acts or omissions constituting offenses under the punitive sections of this chapter, unless deemed to be a serious offense by the convening authority.