Public Law 81-506/Part III
Jump to navigation
Jump to search
Part III — Non-Judicial Punishment[edit]
| Article | |
| 15. | Commanding officer's non-judicial punishment. |
Art. 15. Commanding officer's non-judicial punishment.[edit]
| (a) | Under such regulations as the President may prescribe, 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 an officer exercising general court-martial jurisdiction, forfeiture of not to exceed one-half of his pay per month for a period not exceeding one month; |
| (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) | if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for a period not to exceed three consecutive days. |
| (b) | The Secretary of a Department may, by regulation, place limitations on the powers granted by this article 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 article to an accused who demands trial by court martial. |
| (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 the Secretary of the Department may by regulation specifically prescribe, as provided in subdivisions (a) and (b). |
| (d) | A person punished under authority of this article 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 article 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 article; 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. |