(1) Under such regulations as may be prescribed by the Governor or the Adjutant General, limitations may be placed on the powers granted by this section 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 section 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, punishment may not be imposed upon any member of the organized militia under this section if the member has, before the imposition of such punishment demanded trial by court-martial in lieu of such punishment. Regulations may be prescribed by the Governor or the Adjutant General with respect to the suspension of punishments authorized under this section. If authorized by regulations prescribed by the Governor or the Adjutant General, the Governor, the Adjutant General or an officer of a general rank in command may delegate powers under this section to a principal assistant who is a member of the organized militia.
(2) Subject to subsection (1) 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:
(a) Upon officers of the command:
(A) Restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed.
(B) If imposed by the Governor, the Adjutant General or an officer of a general rank in command:
(i) Arrest in quarters for not more than 30 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed.
(ii) Forfeiture of not more than one-half of one month’s active duty base pay for two months.
(iii) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed.
(iv) Detention of not more than one-half of one month’s active duty base pay for three months.
(b) Upon other military personnel of the command:
(A) Forfeiture of not more than seven days’ active duty base pay;
(B) 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;
(C) Extra duties, including fatigue or other duties, not to exceed two hours per day, including holidays, for not more than 14 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed;
(D) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed;
(E) Correctional custody for not more than seven consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed;
(F) Detention of not more than 14 days’ active duty base pay; or
(G) If imposed by an officer of the grade of major or above:
(i) Forfeiture of not more than one-half of one month’s active duty base pay for two months;
(ii) Reduction to the lowest or any intermediate 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, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades;
(iii) Extra duties, including fatigue or other duties, not to exceed two hours per day, including holidays, for not more than 45 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed;
(iv) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed;
(v) Correctional custody for not more than seven consecutive duty or drill days, the punishment to be completed within 90 days of the date punishment was imposed; or
(vi) Detention of not more than one-half of one month’s active duty base pay for three months.
(3) No two or more of the punishments of arrest in quarters, extra duties, and restriction may be combined to run consecutively in excess of the maximum amount that may be imposed for each. When any of those punishments are combined to run consecutively, there must be an apportionment.
(4) An officer in charge may impose upon enlisted members assigned to the unit of which the officer is in charge such of the punishments authorized under subsection (2)(b)(A), (B), (C), (D), (E) and (F) of this section as the Governor may specifically prescribe by regulation.
(5) The officer who imposes the punishments authorized under subsection (2) of this section, or a successor in command, may, at any time, suspend probationally a reduction in grade or a forfeiture imposed under subsection (2) of this section, whether or not executed. In addition, such officer may, at any time, remit or mitigate any part or amount of the unexecuted punishment and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges and property affected. The officer may also mitigate reduction in grade to forfeiture of active duty base pay. When mitigating an arrest in quarters to restriction or extra duties to restriction, the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of active duty base pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this section by the officer who imposed the punishment mitigated.
(6) A person punished under this section who considers the 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 superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (5) of this section by the officer who imposed the punishment. Before acting on an appeal from any of the following punishments, the authority who is to act on the appeal shall refer the case to a staff judge advocate or legal officer for consideration and advice:
(a) Arrest in quarters for more than seven days;
(b) Correctional custody for more than seven consecutive duty or drill days;
(c) Forfeiture of more than seven days’ active duty base pay;
(d) Reduction of one or more pay grades from the fourth or a higher pay grade;
(e) Extra duties for more than 14 consecutive drill or duty days;
(f) Restriction for more than 14 consecutive drill or duty days; or
(g) Detention of more than 14 days’ active duty base pay.
(7) Except as provided in subsection (6) of this section, before acting on an appeal from any punishment imposed under subsection (2) of this section, the authority who is to act on the appeal may refer the case to a staff judge advocate or legal officer for consideration and advice.
(8) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or other legal proceeding 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 so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
(9) Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing on or after the date that punishment is imposed and to any pay accrued before that date.
(10) The Governor or the Adjutant General may, by regulation, prescribe the form of records to be kept of proceedings under this section and may also prescribe that certain categories of those proceedings shall be in writing. [1975 c.719 §6 (enacted in lieu of 398.082); 1985 c.682 §15; 2005 c.512 §10]
COURTS-MARTIAL JURISDICTION
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