Page:United States Statutes at Large Volume 76.djvu/496

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[76 Stat. 448]
[76 Stat. 448]
PUBLIC LAW 87-000—MMMM. DD, 1962

448

PUBLIC LAW 87-648-SEPT. 7, 1962

[76 STAT.

  • '§ 815. Art. 15. Commanding officer's nonjudicial punishment

" (a) Under such regulations as the President may prescribe, and under such additional regulations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers exercising command authorized to exercise those powers, the applicability of this article 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, except in the case of a member attached . to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized hereunder. If authorized by regulations of the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under this article to a principal assistant. " (b) Subject to subsection (a) of this section, 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 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 courtmartial jurisdiction or an officer of general or flag rank in command— " (i) arrest in quarters for not more than 30 consecutive days; "(ii) forfeiture of not more than one-half of one month's pay per month for two months; "(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; "(iv) detention of not more than one-half of one month's pay per month for three months; "(2) upon other personnel of his command— " (A) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; " (B) correctional custody for not more than seven consecutive days; " (C) forfeiture of. not more than seven days' pay; " (D) 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; " (E) extra duties, including fatigue or other duties, for not more than 14 consecutive days; " (F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;