PART III. NONJUDICIAL PUNISHMENT

 

[§124A-21]  Commanding officer's nonjudicialpunishment.  (a)  Under such rules as the governor may adopt, anycommanding officer may, in addition to or in lieu of admonition or reprimand,impose one of the following disciplinary punishments for minor offenses withoutthe intervention of a court-martial:

(1)  Upon an officer of the commandingofficer's command:

(A)  Withholding of privileges for not morethan 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 commandingofficer of a force of the state military forces, or the commanding general of adivision, a fine or forfeiture of pay and allowances of not more than $75;

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

(A)  Withholding of privileges for not morethan 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 fourteendays, which need not be consecutive, and for not more than two hours a day,holidays included;

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

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

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

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

(c)  An officer in charge may, for minoroffenses, impose on enlisted members assigned to the unit of which the officeris in charge, such of the punishments authorized to be imposed by commandingofficers as the governor may by rule specifically prescribe, as provided insubsections (a) and (b).

(d)  A person punished under this section whoconsiders the person's punishment unjust or disproportionate to the offensemay, through the proper channel, appeal to the next superior authority.  Theappeal shall be promptly forwarded and decided, but the person punished may inthe meantime be required to undergo the punishment adjudged.  The officer whoimposes the punishment, the officer's successor in command, and superiorauthority may suspend, set aside, or remit any part or amount of the punishmentand restore all rights, privileges, and property affected.

(e)  The imposition and enforcement ofdisciplinary punishment under this section for any act or omission is not a barto trial by court-martial for a serious crime or offense growing out of thesame act or omission, and not properly punishable under this section; but thefact that a disciplinary punishment has been enforced may be shown by theaccused upon trial, and when shown shall be considered in determining themeasure of punishment to be adjudged in the event of a finding of guilty.

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