PART III. 
NONJUDICIAL PUNISHMENT



 



[§124A-21]  Commanding officer's nonjudicial
punishment.  (a)  Under such rules as the governor may adopt, 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 an officer of the commanding
officer's command:



(A)  Withholding of privileges for not more
than two consecutive weeks;



(B)  Restriction to certain specified limits,
with or without suspension from duty, for not more than two consecutive weeks;
or



(C)  If imposed by the governor, the commanding
officer of a force of the state military forces, or the commanding general of a
division, a fine or forfeiture of pay and allowances of not more than $75;



(2)  Upon other military personnel of the commanding
officer's command:



(A)  Withholding of privileges for not more
than two consecutive weeks;



(B)  Restriction to certain specified limits,
with or without suspension from duty, for not more than two consecutive weeks;



(C)  Extra duties for not more than fourteen
days, which need not be consecutive, and for not more than two hours a day,
holidays included;



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



(E)  If imposed upon a person attached to or
embarked in a vessel, confinement for not more than seven consecutive days; or



(F)  If imposed by an officer exercising
special court-martial jurisdiction over the offender, a fine or forfeiture of
pay and allowances of not more than $10.



(b)  The governor may, by rule, place
limitations on the powers granted by this section with respect to the kind and
amount of punishment authorized and the categories of commanding officers
authorized to exercise those powers.



(c)  An officer in charge may, for minor
offenses, impose on enlisted members assigned to the unit of which the officer
is in charge, such of the punishments authorized to be imposed by commanding
officers as the governor may by rule specifically prescribe, as provided in
subsections (a) and (b).



(d)  A person punished under this section who
considers the person's 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, the officer's successor in command, and superior
authority may suspend, set aside, or remit any part or amount of the punishment
and restore all rights, privileges, and property affected.



(e)  The imposition and enforcement of
disciplinary punishment under this section for any act or omission is not 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 shown shall be considered in determining the
measure of punishment to be adjudged in the event of a finding of guilty.



(f)  Whenever a punishment of forfeiture of pay
and allowances is imposed under this section, the forfeiture may apply to pay
or allowances accruing on or after the date that punishment is imposed and to
any pay and allowances accrued before that date. [L 1982, c 171, pt of §2; gen
ch 1985]