39-6-14 - Disciplinary punishment -- Without court intervention -- Limits and forms of punishment.
39-6-14. Disciplinary punishment -- Without court intervention -- Limits andforms of punishment.
(1) Under Section 39-6-13, any commanding officer and the adjutant general of Utahmay, in addition to or in lieu of admonition or reprimand, impose one or more of the disciplinarypunishments under this section for minor offenses without the intervention of a military court.
(2) Disciplinary punishment imposed by the governor, the adjutant general, a full colonelcommand officer of the National Guard, or the commanding general of a designated military unitupon officers of his command may be:
(a) a fine or forfeiture of not more than one-half of one month's pay per month for threemonths, or $200, whichever is greater;
(b) restriction to specific limited areas, with or without suspension from duty, for notmore than 60 consecutive days; or
(c) detention of not more than one-half of one month's pay per month for three months, or$200, whichever is greater.
(3) Punishment upon other military personnel of his command may be:
(a) fine or forfeiture of not more than one-half of one month's pay per month for twomonths, or $200, whichever is greater;
(b) reduction of one or more pay grades, if the grade from which demoted is within thepromotion authority of the officer imposing the reduction;
(c) extra duties, including fatigue or other duties, for not more than 60 consecutive days;
(d) restriction to specific limited areas, with or without suspension from duty, for notmore than 60 consecutive days; or
(e) detention of not more than one-half of one month's pay per month for two months, or$200, whichever is greater.
(4) Punishment imposed by an officer of the grade of major or lieutenant colonel may be:
(a) fine or forfeiture of not more than one-half of one month's pay per month for twomonths, or $150, whichever is greater;
(b) reduction of no more than two pay grades, if the grade from which demoted is withinthe promotion authority of the officer imposing the reduction, but the pay of an enlisted memberin a pay grade above E-4 may not be reduced more than two pay grades;
(c) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
(d) restriction to specific limited areas, with or without suspension of duty, for not morethan 45 consecutive days; or
(e) detention of not more than one-half of one month's pay per month for two months, or$150, whichever is greater.
(5) Punishment imposed by an officer of the grade of captain or lieutenant may be:
(a) fine or forfeiture of not more than one-half of one month's pay for one month, or $50,whichever is greater;
(b) extra duties, including fatigue or other duties, for not more than 30 consecutive days;
(c) restriction to certain specified limits, with or without suspension from duty, for notmore than 30 consecutive days; or
(d) reduction of one pay grade, if the grade from which demoted is within the promotionauthority of the officer imposing the reduction.
(6) (a) Detention of pay may be for a stated period of no more than one year. However,if the offender's term of service expires earlier, the detention terminates on expiration.
(b) Forfeiture of pay may not be combined with detention of pay, without anapportionment.
(7) (a) No two or more of the punishments of arrest in quarters, correctional custody,extra duties, or restriction to specific areas may be imposed in combination and for the maximumamount of time designated for each punishment.
(b) When any of these punishments are combined to be imposed consecutively, there shallbe an apportionment of the time each punishment is imposed.
(8) (a) In this section "correctional custody" means the physical restraint of a personduring duty or on-duty hours and may include extra duties, fatigue duties, or hard labor.
(b) When practicable, correctional custody may not be served in immediate associationwith persons awaiting trial or held in confinement pursuant to a trial by military or civilian court.
(9) An officer in charge may impose upon enlisted members assigned to the unit of whichhe is in charge punishments authorized under Subsection (4), as the governor or adjutant generalspecifically prescribes by rule.
(10) (a) The officer who imposes the punishment authorized in Subsection (2), (3), or (4),or his successor in command may at any time suspend by probation all or any part of the amountof the unexecuted punishment imposed. He may also suspend by probation a reduction in gradeor a forfeiture imposed under those subsections, whether or not executed.
(b) He may at any time remit or mitigate any part or amount of the unexecutedpunishment imposed; and may set aside in whole or in part the punishment, whether executed orunexecuted, and restore all rights, privileges, and property affected.
(c) He may also mitigate reduction in grade to forfeiture or detention of pay.
(d) When making any of the following mitigations, the mitigated punishment may not befor a greater period than the original punishment:
(i) arrest in quarters to restriction;
(ii) correctional custody or confinement on extra duties to restriction; or
(iii) extra duties to restriction.
(e) When mitigating forfeiture of pay to detention of pay, the amount of the detentionmay not be greater than the amount of the original forfeiture of pay.
(f) When mitigating a reduction in grade to forfeiture or detention of pay, the amount ofthe forfeiture or detention may not be greater than the amount that could have been imposedinitially under this section by the officer who imposed the punishment that was mitigated.
(11) (a) A person punished under this section may appeal to the next superior authorityunder procedures provided by regulation.
(b) The appeal shall be promptly forwarded and acted upon, but the appellant may,during the course of the appeal, be required to submit to the imposed punishment.
(c) The superior authority may exercise the same power regarding the punishmentimposed as may be exercised under Subsection (10) by the officer who imposed the punishment.
(12) Before acting on an appeal from any punishment imposed under Subsection (1), (2),or (3), or from the following punishments, the acting authority shall refer the case to a staff judgeadvocate of the Utah Army National Guard or the Utah Air National Guard, or a designated legalofficer of the Utah National Guard for consideration and advice:
(a) arrest in quarters for more than seven days;
(b) correctional custody for more than seven days;
(c) forfeiture of more than seven days' pay;
(d) reduction of one or more pay grades from the fourth or a higher pay grade;
(e) extra duties for more than 14 days;
(f) restriction for more than 14 days; or
(g) detention of more than 14 days' pay.
(13) (a) The imposition and enforcement of a disciplinary punishment under this sectionfor any act or omission is not a bar to trial by a criminal court for a serious crime or offense thatis part of or a similar criminal episode arising out of the same act or omission, and notappropriately punishable under this section.
(b) However, the fact that a disciplinary punishment has been enforced may be shown bythe accused at trial. If the defendant is found guilty, the punishment shall be considered indetermining the measure of punishment to be imposed.
(14) The governor or the adjutant general may by rule prescribe the form of records to bekept of proceedings under this section and categories of those proceedings to be in writing.
(15) The punishments imposed under this section, except fines and forfeiture of pay, maynot extend beyond the termination of the duty status of the punished individual.
Amended by Chapter 15, 1989 General Session