Article 23.--CODE OF MILITARY JUSTICE; NONJUDICIAL PUNISHMENT
48-2301.(KCMJ Art. 15) Commanding officer's nonjudicial punishment.(a) Under such regulations as the governor may prescribe, any commandingofficer may, in addition to or in lieu of admonition or reprimand, imposeone of the following disciplinary punishments for minor offenses withoutthe intervention of a court-martial:
(1) Upon an officer of the commanding officer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks; or
(C) if imposed by the governor, the adjutant general, or the commandinggeneral of a brigade, or the commanding officer of a separate group orbattalion, a fine or forfeiture of pay and allowances of not more than $125;
(2) upon other military personnel of the commandingofficer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks;
(C) extra duties for not more than 14 days, which need not beconsecutive, and for not more than two hours per day, holidaysincluded;
(D) reduction to next inferior grade if the grade from which demoted is withinthe promotion authority of the officer imposing the reduction of anyofficer subordinate to the one who imposes the reduction;
(E) if imposed by an officer of the grade of major or above: (i)The punishment authorized pursuant to subsection (a)(2)(A) through(a)(2)(D) above; or (ii) a fine or forfeiture of pay of not more than $50.
(b) The governor may, by regulation, place limitations on the powersgranted by this section with respect to the kind and amount of punishmentauthorized and the categories of commanding officers authorized to exercisethose powers.
(c) An officer in charge may impose on enlistedmembers assigned to the unit or element of which the officer is in chargethe punishments authorized pursuant to subsections(a)(2)(A) through (a)(2)(D).
(d) The officer who imposes the punishment authorized in subsection(b), or such officer's successor in command, may at any time suspendprobationally any part or amount of the unexecuted punishment imposed andmay suspend probationally a reduction in grade or a forfeiture imposedunder subsection (b), whether or not executed. In addition such officer mayat any time remit or mitigate any part or amount of the unexecutedpunishment imposed and may set aside in whole or in part the punishment,whether executed or unexecuted, and restore all rights, privileges andproperty affected. Such officer may also mitigate reduction in grade to afine or forfeiture of pay. When mitigating extra duties to restriction themitigated punishment shall not be for a greater period than the punishmentmitigated. When mitigating reduction in grade to fine or forfeiture of pay,the amount of the fine or forfeiture shall not be greater than the amountthat could have been imposed initially under this article by the officerwho imposed the punishment mitigated.
(e) Except where punishment has been imposed by the governor, a personpunished under this section who considers his or her punishment unjust ordisproportionate to the offense may, through the proper channel, appeal tothe next superior authority. The appeal shall be promptly forwarded anddecided, but the person punished may in the meantime be required to undergothe punishment adjudged. The superior authority may exercise thesame powers with respect to the punishment imposed as may be exercisedunder subsection (d) by the officer who imposes the punishment.
(f) The imposition and enforcement of disciplinary punishment under thissection for any act or omission is not a bar to trial by court-martial fora serious crime or offense growing out of the same act or omission, and notproperly punishable under this section; but the fact that a disciplinarypunishment has been enforced may be shown by the accused upon trial, andwhen so shown shall be considered in determining the measure of punishmentto be adjudged in the event of a finding of guilty.
(g) Whenever a punishment of forfeiture of pay is imposedunder this section, the forfeiture may apply to pay accruingon or after the date that punishment is imposed and to any pay accrued before that date.
(h) Any punishment authorized by this section which is measured in termsof days shall, when served in a status other than annual field training, beconstrued to mean regularly scheduledinactive duty training days.
(i) Prior to being informed of the disciplinary action to be taken underthis section, the person to be punished shall have the right to demand atrial by court-martial for the offense. Punishment may not be imposedupon any member of the state military force under this section if themember has, before the imposition of such punishment, demanded trial bycourt-martial in lieu of such punishment.
History: L. 1972, ch. 203, § 48-2301;L. 1988, ch. 191, § 10; July 1.
Article 23.--CODE OF MILITARY JUSTICE; NONJUDICIAL PUNISHMENT
48-2301.(KCMJ Art. 15) Commanding officer's nonjudicial punishment.(a) Under such regulations as the governor may prescribe, any commandingofficer may, in addition to or in lieu of admonition or reprimand, imposeone of the following disciplinary punishments for minor offenses withoutthe intervention of a court-martial:
(1) Upon an officer of the commanding officer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks; or
(C) if imposed by the governor, the adjutant general, or the commandinggeneral of a brigade, or the commanding officer of a separate group orbattalion, a fine or forfeiture of pay and allowances of not more than $125;
(2) upon other military personnel of the commandingofficer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks;
(C) extra duties for not more than 14 days, which need not beconsecutive, and for not more than two hours per day, holidaysincluded;
(D) reduction to next inferior grade if the grade from which demoted is withinthe promotion authority of the officer imposing the reduction of anyofficer subordinate to the one who imposes the reduction;
(E) if imposed by an officer of the grade of major or above: (i)The punishment authorized pursuant to subsection (a)(2)(A) through(a)(2)(D) above; or (ii) a fine or forfeiture of pay of not more than $50.
(b) The governor may, by regulation, place limitations on the powersgranted by this section with respect to the kind and amount of punishmentauthorized and the categories of commanding officers authorized to exercisethose powers.
(c) An officer in charge may impose on enlistedmembers assigned to the unit or element of which the officer is in chargethe punishments authorized pursuant to subsections(a)(2)(A) through (a)(2)(D).
(d) The officer who imposes the punishment authorized in subsection(b), or such officer's successor in command, may at any time suspendprobationally any part or amount of the unexecuted punishment imposed andmay suspend probationally a reduction in grade or a forfeiture imposedunder subsection (b), whether or not executed. In addition such officer mayat any time remit or mitigate any part or amount of the unexecutedpunishment imposed and may set aside in whole or in part the punishment,whether executed or unexecuted, and restore all rights, privileges andproperty affected. Such officer may also mitigate reduction in grade to afine or forfeiture of pay. When mitigating extra duties to restriction themitigated punishment shall not be for a greater period than the punishmentmitigated. When mitigating reduction in grade to fine or forfeiture of pay,the amount of the fine or forfeiture shall not be greater than the amountthat could have been imposed initially under this article by the officerwho imposed the punishment mitigated.
(e) Except where punishment has been imposed by the governor, a personpunished under this section who considers his or her punishment unjust ordisproportionate to the offense may, through the proper channel, appeal tothe next superior authority. The appeal shall be promptly forwarded anddecided, but the person punished may in the meantime be required to undergothe punishment adjudged. The superior authority may exercise thesame powers with respect to the punishment imposed as may be exercisedunder subsection (d) by the officer who imposes the punishment.
(f) The imposition and enforcement of disciplinary punishment under thissection for any act or omission is not a bar to trial by court-martial fora serious crime or offense growing out of the same act or omission, and notproperly punishable under this section; but the fact that a disciplinarypunishment has been enforced may be shown by the accused upon trial, andwhen so shown shall be considered in determining the measure of punishmentto be adjudged in the event of a finding of guilty.
(g) Whenever a punishment of forfeiture of pay is imposedunder this section, the forfeiture may apply to pay accruingon or after the date that punishment is imposed and to any pay accrued before that date.
(h) Any punishment authorized by this section which is measured in termsof days shall, when served in a status other than annual field training, beconstrued to mean regularly scheduledinactive duty training days.
(i) Prior to being informed of the disciplinary action to be taken underthis section, the person to be punished shall have the right to demand atrial by court-martial for the offense. Punishment may not be imposedupon any member of the state military force under this section if themember has, before the imposition of such punishment, demanded trial bycourt-martial in lieu of such punishment.
History: L. 1972, ch. 203, § 48-2301;L. 1988, ch. 191, § 10; July 1.
Article 23.--CODE OF MILITARY JUSTICE; NONJUDICIAL PUNISHMENT
48-2301.(KCMJ Art. 15) Commanding officer's nonjudicial punishment.(a) Under such regulations as the governor may prescribe, any commandingofficer may, in addition to or in lieu of admonition or reprimand, imposeone of the following disciplinary punishments for minor offenses withoutthe intervention of a court-martial:
(1) Upon an officer of the commanding officer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks; or
(C) if imposed by the governor, the adjutant general, or the commandinggeneral of a brigade, or the commanding officer of a separate group orbattalion, a fine or forfeiture of pay and allowances of not more than $125;
(2) upon other military personnel of the commandingofficer's command:
(A) Withholding of privileges for not more than two consecutiveweeks;
(B) restriction to certain specified limits, with or without suspensionfrom duty, for not more than two consecutive weeks;
(C) extra duties for not more than 14 days, which need not beconsecutive, and for not more than two hours per day, holidaysincluded;
(D) reduction to next inferior grade if the grade from which demoted is withinthe promotion authority of the officer imposing the reduction of anyofficer subordinate to the one who imposes the reduction;
(E) if imposed by an officer of the grade of major or above: (i)The punishment authorized pursuant to subsection (a)(2)(A) through(a)(2)(D) above; or (ii) a fine or forfeiture of pay of not more than $50.
(b) The governor may, by regulation, place limitations on the powersgranted by this section with respect to the kind and amount of punishmentauthorized and the categories of commanding officers authorized to exercisethose powers.
(c) An officer in charge may impose on enlistedmembers assigned to the unit or element of which the officer is in chargethe punishments authorized pursuant to subsections(a)(2)(A) through (a)(2)(D).
(d) The officer who imposes the punishment authorized in subsection(b), or such officer's successor in command, may at any time suspendprobationally any part or amount of the unexecuted punishment imposed andmay suspend probationally a reduction in grade or a forfeiture imposedunder subsection (b), whether or not executed. In addition such officer mayat any time remit or mitigate any part or amount of the unexecutedpunishment imposed and may set aside in whole or in part the punishment,whether executed or unexecuted, and restore all rights, privileges andproperty affected. Such officer may also mitigate reduction in grade to afine or forfeiture of pay. When mitigating extra duties to restriction themitigated punishment shall not be for a greater period than the punishmentmitigated. When mitigating reduction in grade to fine or forfeiture of pay,the amount of the fine or forfeiture shall not be greater than the amountthat could have been imposed initially under this article by the officerwho imposed the punishment mitigated.
(e) Except where punishment has been imposed by the governor, a personpunished under this section who considers his or her punishment unjust ordisproportionate to the offense may, through the proper channel, appeal tothe next superior authority. The appeal shall be promptly forwarded anddecided, but the person punished may in the meantime be required to undergothe punishment adjudged. The superior authority may exercise thesame powers with respect to the punishment imposed as may be exercisedunder subsection (d) by the officer who imposes the punishment.
(f) The imposition and enforcement of disciplinary punishment under thissection for any act or omission is not a bar to trial by court-martial fora serious crime or offense growing out of the same act or omission, and notproperly punishable under this section; but the fact that a disciplinarypunishment has been enforced may be shown by the accused upon trial, andwhen so shown shall be considered in determining the measure of punishmentto be adjudged in the event of a finding of guilty.
(g) Whenever a punishment of forfeiture of pay is imposedunder this section, the forfeiture may apply to pay accruingon or after the date that punishment is imposed and to any pay accrued before that date.
(h) Any punishment authorized by this section which is measured in termsof days shall, when served in a status other than annual field training, beconstrued to mean regularly scheduledinactive duty training days.
(i) Prior to being informed of the disciplinary action to be taken underthis section, the person to be punished shall have the right to demand atrial by court-martial for the offense. Punishment may not be imposedupon any member of the state military force under this section if themember has, before the imposition of such punishment, demanded trial bycourt-martial in lieu of such punishment.
History: L. 1972, ch. 203, § 48-2301;L. 1988, ch. 191, § 10; July 1.
