10 U.S.C. § 815 : US Code - Section 815: Art. 15. Commanding officer's non-judicial punishment

Search 10 U.S.C. § 815 : US Code - Section 815: Art. 15. Commanding officer's non-judicial punishment

(a) Under such regulations as the President may prescribe, and
under such additional regulations as may be prescribed by the
Secretary concerned, limitations may be placed on the powers
granted by this article 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 article 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, except in the
case of a member attached to or embarked in a vessel, punishment
may not be imposed upon any member of the armed forces under this
article if the member has, before the imposition of such
punishment, demanded trial by court-martial in lieu of such
punishment. Under similar regulations, rules may be prescribed with
respect to the suspension of punishments authorized hereunder. If
authorized by regulations of the Secretary concerned, a commanding
officer exercising general court-martial jurisdiction or an officer
or general or flag rank in command may delegate his powers under
this article to a principal assistant.
(b) Subject to subsection (a), 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 -
(1) upon officers of his command -
(A) restriction to certain specified limits, with or without
suspension from duty, for not more than 30 consecutive days;
(B) if imposed by an officer exercising general court-martial
jurisdiction or an officer of general or flag rank in command -

(i) arrest in quarters for not more than 30 consecutive
days;
(ii) forfeiture of not more than one-half of one month's
pay per month for two months;
(iii) restriction to certain specified limits, with or
without suspension from duty, for not more than 60
consecutive days;
(iv) detention of not more than one-half of one month's pay
per month for three months;
(2) upon other personnel of his command -
(A) if imposed upon a person attached to or embarked in a
vessel, confinement on bread and water or diminished rations
for not more than three consecutive days;
(B) correctional custody for not more than seven consecutive
days;
(C) forfeiture of not more than seven days' pay;
(D) 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;
(E) extra duties, including fatigue or other duties, for not
more than 14 consecutive days;
(F) restriction to certain specified limits, with or without
suspension from duty, for not more than 14 consecutive days;
(G) detention of not more than 14 days' pay;
(H) if imposed by an officer of the grade of major or
lieutenant commander, or above -
(i) the punishment authorized under clause (A);
(ii) correctional custody for not more than 30 consecutive
days;
(iii) forfeiture of not more than one-half of one month's
pay per month for two months;
(iv) 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;
(v) extra duties, including fatigue or other duties, for
not more than 45 consecutive days;
(vi) restrictions to certain specified limits, with or
without suspension from duty, for not more than 60
consecutive days;
(vii) detention of not more than one-half of one month's
pay per month for three months.
Detention of pay shall be for a stated period of not more than one
year but if the offender's term of service expires earlier, the
detention shall terminate upon that expiration. No two or more of
the punishments of arrest in quarters, confinement on bread and
water or diminished rations, correctional custody, extra duties,
and restriction may be combined to run consecutively in the maximum
amount imposable for each. Whenever any of those punishments are
combined to run consecutively, there must be an apportionment. In
addition, forfeiture of pay may not be combined with detention of
pay without an apportionment. For the purposes of this subsection,
"correctional custody" is the physical restraint of a person during
duty or nonduty hours and may include extra duties, fatigue duties,
or hard labor. If practicable, correctional custody will not be
served in immediate association with persons awaiting trial or held
in confinement pursuant to trial by court-martial.
(c) An officer in charge may impose upon enlisted members
assigned to the unit of which he is in charge such of the
punishments authorized under subsection (b)(2)(A)-(G) as the
Secretary concerned may specifically prescribe by regulation.
(d) The officer who imposes the punishment authorized in
subsection (b), or his successor in command, may, at any time,
suspend probationally any part or amount of the unexecuted
punishment imposed and may suspend probationally a reduction in
grade or a forfeiture imposed under subsection (b), whether or not
executed. In addition, he may, at any time, remit or mitigate any
part or amount of the unexecuted punishment imposed and may set
aside in whole or in part the punishment, whether executed or
unexecuted, and restore all rights, privileges, and property
affected. He may also mitigate reduction in grade to forfeiture or
detention of pay. When mitigating -
(1) arrest in quarters to restriction;
(2) confinement on bread and water or diminished rations to
correctional custody;
(3) correctional custody or confinement on bread and water or
diminished rations to extra duties or restriction, or both; or
(4) extra duties to restriction;
the mitigated punishment shall not be for a greater period than the
punishment mitigated. When mitigating forfeiture of pay to
detention of pay, the amount of the detention shall not be greater
than the amount of the forfeiture. When mitigating reduction in
grade to forfeiture or detention of pay, the amount of the
forfeiture of detention shall not be greater than the amount that
could have been imposed initially under this article by the officer
who imposed the punishment mitigated.
(e) A person punished under this article who considers his
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 (d) by the officer who imposed the punishment. Before
acting on an appeal from a punishment of -
(1) arrest in quarters for more than seven days;
(2) correctional custody for more than seven days;
(3) forfeiture of more than seven days' pay;
(4) reduction of one or more pay grades from the fourth or a
higher pay grade;
(5) extra duties for more than 14 days;
(6) restriction for more than 14 days; or
(7) detention of more than 14 days' pay;
the authority who is to act on the appeal shall refer the case to a
judge advocate or a lawyer of the Department of Homeland Security
for consideration and advice, and may so refer the case upon appeal
from any punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment
under this article 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
article; 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.
(g) The Secretary concerned may, by regulation, prescribe the
form of records to be kept of proceedings under this article and
may also prescribe that certain categories of those proceedings
shall be in writing.