29B.14 - COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT.
29B.14 COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT.
1. Under regulations as the adjutant general may prescribe
limitations may be placed on the powers granted by this section with
respect to the kind and amount of punishment authorized, the
categories of commanding officers and warrant officers authorized to
exercise those powers, the applicability of this section 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, punishment shall not be imposed upon any member of the state
military forces under this section if the member demands trial by
court-martial in lieu of punishment before imposition of the
punishment. The adjutant general may adopt rules relating to the
suspension and mitigation of punishments authorized under this code.
The adjutant general, or an officer of a general rank in command may
delegate powers under this section to a principal assistant who is a
member of the state military forces according to rules adopted by the
adjutant general.
2. Subject to rules of the adjutant general, any commanding
officer may, in addition to or in lieu of admonition or reprimand,
impose disciplinary punishments for minor offenses without the
intervention of a court-martial as follows:
a. Upon officers under the officer's command any one or a
combination of the following:
(1) Withholding of privileges for not more than two consecutive
weeks.
(2) Restriction to certain specified limits with or without
suspension from duty, for not more than two consecutive weeks.
(3) If imposed by a commanding officer of the state military
forces of field grade or above, a fine of any amount up to a maximum
of the equivalent of ten days' pay or the forfeiture of not more than
ten days' pay.
b. Upon other military personnel under the officer's command
any one or a combination of the following:
(1) Withholding of privileges for not more than two consecutive
weeks.
(2) Restriction to certain specified limits, with or without
suspension from duty, for not more than two consecutive weeks.
(3) Extra duties for not more than fourteen days, which need not
be consecutive, and for not more than two hours per day, holidays
included.
(4) Reduction to the next inferior pay grade if the current grade
from which demoted is within the promotion authority of the officer
imposing the reduction or an officer subordinate to the one imposing
the reduction.
(5) A fine of any amount up to a maximum of the equivalent of
four days' pay or the forfeiture of not more than four days' pay.
c. If the commanding officer is of field grade or above, any
one or a combination of the following:
(1) Any of the punishments stated in paragraph "b",
subparagraph (1), (2), or (3).
(2) A fine of any amount up to the maximum of the equivalent of
ten days' pay or the forfeiture of not more than ten days' pay.
(3) Reduction to the lowest or any intermediate pay grade, if the
current grade from which demoted is within the promotion authority of
the officer imposing the reduction or an officer subordinate to the
one imposing the reduction, but enlisted members in pay grades above
E-4 shall not be reduced more than two pay grades.
d. Maximum allowable punishments of withholding of
privileges, restrictions, and extra duties shall not be combined to
run consecutively.
3. A person punished under this section who considers the
punishment unjust or disproportionate to the offense may appeal to
the next superior authority through the proper channel. The
authority considering the appeal may refer a case that has been
appealed to a staff judge advocate or legal officer for consideration
and advice and shall do so before deciding on the appeal when the
punishment is restriction, withholding of privileges, extra duties,
forfeiture of pay, or reduction from the fourth or higher pay grade.
The appeal shall be promptly forwarded and decided, but the person
punished may in the meantime be required to undergo the punishment
adjudged. The officer who imposes the punishment, the officer's
successor in command, or superior authority may suspend, set aside,
or remit any part or amount of the punishment and restore all rights,
privileges and property affected. In addition the officer or
authority may at any time place the offender on probation and suspend
a reduction in grade or forfeiture whether or not executed.
4. 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, but
the fact that a disciplinary punishment has been enforced may be
shown by the accused 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.
5. When a punishment of forfeiture of pay and allowances is
imposed under this section, the forfeiture may apply to pay or
allowances accruing on or after that punishment is imposed and to pay
and allowances accrued before that date. Section History: Early Form
[C54, 58, 62, § 29.62; C66, 71, 73, 75, 77, 79, 81, § 29B.14; 82
Acts, ch 1042, § 5] Section History: Recent Form
89 Acts, ch 82, §2--4
Referred to in § 29B.2, 29B.18, 29B.44