412.288 - Imposition and enforcement of disciplinary punishment without court-martial.
412.288 Imposition and enforcement of disciplinary punishment without court-martial. Subject to NRS 412.286, 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 or her command:
(a) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days.
(b) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(1) Arrest in quarters for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 month’s pay per month for 2 months;
(3) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(4) Detention of not more than one-half of 1 month’s pay per month for 3 months.
2. Upon other personnel of his or her command:
(a) Correctional custody for not more than 7 consecutive days.
(b) Forfeiture of not more than 7 days’ pay.
(c) 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.
(d) Extra duties, including fatigue or other duties, for not more than 14 consecutive days.
(e) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days.
(f) Detention of not more than 14 days’ pay.
(g) If imposed by an officer of the grade of major or above:
(1) Correctional custody for not more than 30 consecutive days;
(2) Forfeiture of not more than one-half of 1 month’s pay per month for 2 months;
(3) 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, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(4) Extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(5) Restrictions to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; or
(6) Detention of not more than one-half of 1 month’s pay per month for 3 months.
Ê Detention of pay shall be for a stated period of not more than 1 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, correctional custody, extra duties, and restriction 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. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes 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.
(Added to NRS by 1967, 1313)