39-6-13 - Limits on nonjudicial punishment.
39-6-13. Limits on nonjudicial punishment.
(1) Regulations prescribed by the governor, and additional regulations prescribed by theadjutant general of Utah may place limitations on authority concerning nonjudicial punishmentunder this chapter, regarding:
(a) imposing punishment of any type or amount;
(b) the categories of commanding officers who have the authority to impose punishment;
(c) procedures for appeal of nonjudicial findings and punishment; and
(d) suspension and reimposition of nonjudicial punishment.
(2) Punishment may be imposed under this section on any person subject to this chapter.
(3) Regulations permitting nonjudicial punishment shall provide for de novo review onappeal of both the findings and punishment.
(a) Any appeal shall be limited to the next two higher commanding officers.
(b) On appeal, the findings or punishment may be modified or set aside.
(c) In no case may the appeal increase the amount of punishment originally imposed.
(4) The decision of the adjutant general to impose nonjudicial punishment upon a personsubject to this chapter or to resolve an appeal of the punishment is final and may not be subject toappeal or judicial review.
(5) A person subject to this chapter may request trial by a military court in lieu ofnonjudicial punishment at any time prior to imposition of nonjudicial punishment.
(a) Upon receipt of a timely request for trial in lieu of nonjudicial punishment, thecommanding officer having authority may:
(i) deny the request and impose nonjudicial punishment; or
(ii) grant the request.
(b) Denial of a request for court martial in lieu of nonjudicial punishment may not createa private right of action and is not subject to judicial review.
Amended by Chapter 287, 2008 General Session