(a) Subject to Code Section 38-2-1017, summary courts-martial shall have jurisdiction to try persons subject to this article, except for commissioned or warrant officers, cadets, candidates, and midshipmen, for any offense made punishable by this article under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter.
(b) No person with respect to whom summary courts-martial shall have jurisdiction may be brought to trial before a summary court-martial if he or she objects thereto. If objection to trial by summary court-martial is made by an accused, trial by special or general court-martial shall be ordered, as may be appropriate. Summary courts-martial shall, under such limitations as the Governor, or the adjutant general by delegation of the Governor, may prescribe by regulations issued pursuant to Part 1 of Article 2 of this chapter, adjudge any one or more of the following punishments not otherwise forbidden by this article:
(1) Confinement for a period of not more than one month;
(2) Restriction to specified limits for not more than two months;
(3) Forfeiture of all or a portion of pay and allowances for not more than 60 days;
(4) Restitution;
(5) Reduction of no more than two grades of enlisted persons;
(6) A reprimand; and
(7) No punishment.
Section: Previous 38-2-1016 38-2-1017 38-2-1018 38-2-1019 38-2-1020 38-2-1021 NextLast modified: October 14, 2016