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This entry was published on 2014-09-22
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SECTION 130.15
Commanding officer's non-judicial punishment
Military (MIL) CHAPTER 36, ARTICLE 7, PART 3
§ 130.15. Commanding officer's non-judicial punishment. (a) Under
such regulations as may be issued pursuant to this chapter, any
commanding officer may, in addition to or in lieu of admonition or
reprimand, impose one of the following disciplinary punishments for
minor offenses without the intervention of a court-martial---

(1) upon officers and warrant officers of his command:

(A) withholding of privileges for a period not to exceed two
consecutive weeks; or

(B) restriction to certain specified limits, with or without
suspension from duty, for a period not to exceed two consecutive weeks;
or

(C) if imposed by the governor, the commanding officer of a force of
the organized militia, an officer of general or flag rank in command a
fine not exceeding two hundred dollars;

(2) upon other military personnel of his command:

(A) withholding of privileges for a period not to exceed two
consecutive weeks; or

(B) restriction to certain specified limits, with or without
suspension from duty, for a period not to exceed two consecutive weeks;
or

(C) extra duties for a period not to exceed two consecutive weeks, and
not to exceed two hours per day, holidays included; or

(D) reduction to next inferior grade if the grade from which demoted
was established by the command or an equivalent or lower command; or

(E) if imposed upon a person attached to or embarked in a vessel,
confinement for a period not to exceed seven consecutive days; or

(F) a fine not exceeding one hundred fifty dollars.

(b) Under such regulations as may be issued pursuant to this chapter,
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 authorized to exercise such powers, and the
applicability of this section to an accused on active state duty who
demands trial by a court-martial. Under similar regulations, rules may
be prescribed with respect to the suspension of punishments authorized
hereunder. Under such regulations as may be issued pursuant to this
chapter, an officer of general or flag rank in command may delegate his
powers under this section to a principal assistant.

(c) An officer in charge may, for minor offenses, impose on enlisted
persons assigned to the unit of which he is in charge, such of the
punishments authorized to be imposed by commanding officers as may be
specifically prescribed by regulations issued pursuant to this chapter.

(d) A person punished under authority of this section who deems his
punishment unjust or disproportionate to the offense may, through the
proper channel, appeal to the next superior authority. 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, his successor in command, and superior authority
shall have power to suspend, set aside, or remit any part or amount of
the punishment and to restore all rights, privileges and property
affected.

(e) The imposition and enforcement of disciplinary punishment under
authority of this section for any act or omission shall not be 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.

(f) The adjutant general may, by regulation, prescribe the form of
records to be kept of proceedings under this section and may also
prescribe that certain categories of those proceedings shall be in
writing.