Notes on 10 U.S.C. § 815 : US Code - Notes

Search Notes on 10 U.S.C. § 815 : US Code - Notes

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 87-648, Sec. 1,
Sept. 7, 1962, 76 Stat. 447; Pub. L. 90-179, Sec. 1(4), Dec. 8,
1967, 81 Stat. 545; Pub. L. 90-623, Sec. 2(4), Oct. 22, 1968, 82
Stat. 1314; Pub. L. 98-209, Secs. 2(c), 13(b), Dec. 6, 1983, 97
Stat. 1393, 1408; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),
Nov. 25, 2002, 116 Stat. 2314.)
HISTORICAL AND REVISION NOTES
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Revised Source (U.S. Code) Source (Statutes at
section Large)
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815(a) 50:571(a). May 5, 1950, ch. 169,
Sec. 1 (Art. 15), 64
Stat. 112.
815(b)
50:571(b).
815(c) 50:571(c).
815(d) 50:571(d).
815(e) 50:571(e).
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In subsection (a), the words "not more than" are substituted for
the words "a period not to exceed", "not to exceed", and "a period
not exceeding".
In subsection (a)(1), the words "and warrant officers" are
omitted, since the word "officer", as defined in section 101(14) of
this title, includes warrant officers.
In clause (1)(C), the words "one month's pay" are substituted for
the words "his pay per month for a period not exceeding one month".
In subsection (b), the words "Secretary concerned" are
substituted for the words "Secretary of a Department".
In subsection (c), the word "subsections" is substituted for the
word "subdivisions". The words "enlisted members" are substituted
for the words "enlisted persons".
In subsections (d) and (e), the words "authority of" are omitted
as surplusage.
In subsection (d), the word "considers" is substituted for the
word "deems". The word "may" is substituted for the words "shall
have power to * * * to".
In subsection (e), the words "is not" are substituted for the
words "shall not be".
AMENDMENTS
2002 - Subsec. (e). Pub. L. 107-296 substituted "of Homeland
Security" for "of Transportation" in concluding provisions.
1983 - Pub. L. 98-209, Sec. 13(b)(1), substituted "non-judicial"
for "nonjudicial" in section catchline.
Subsec. (b). Pub. L. 98-209, Sec. 13(b)(2)(A), struck out "of
this section" after "subsection (a)" in provisions preceding par.
(1).
Subsec. (b)(2)(H)(i). Pub. L. 98-209, Sec. 13(b)(2)(B),
substituted "clause (A)" for "subsection (b)(2)(A)".
Subsec. (e). Pub. L. 98-209, Sec. 2(c), substituted "or a lawyer
of the" for "of the Army, Navy, Air Force, or Marine Corps, or a
law specialist or lawyer of the Coast Guard or".
1968 - Subsec. (e). Pub. L. 90-623 substituted "or a law
specialist or lawyer of the Coast Guard or Department of
Transportation" for "or a law specialist or lawyer of the Marine
Corps, Coast Guard, or Treasury Department".
1967 - Subsec. (e). Pub. L. 90-179 inserted reference to judge
advocate of the Marine Corps and substituted reference to judge
advocate of the Navy for reference to law specialist of the Navy.
1962 - Subsec. (a). Pub. L. 87-648 redesignated former subsec.
(b) as (a), inserted references to such regulations as the
President may prescribe, permitted limitations to be placed on the
categories of warrant officers exercising command authorized to
exercise powers under this article, and on the kinds of courts-
martial to which a case may be referred upon demand therefor,
promulgation of regulations prescribing rules with respect to the
suspension of punishment authorized by this article, and the
delegation of powers to a principal assistant by a commanding
officer exercising general court-martial jurisdiction or an officer
of general or flag rank in command, if so authorized by the
Secretary's regulations, and prohibited, except for members
attached to or embarked in a vessel, imposition of punishment under
this article on any member of the armed forces who, before
imposition of such punishment, demands trial by court-martial.
Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 87-648 redesignated former subsec. (a) as
(b), enlarged authority of commanding officers to impose punishment
upon officers by increasing the number of days restriction from not
more than 14 to not more than 30 days, and the number of months one-
half of one month's pay may be ordered forfeited by an officer
exercising general court-martial jurisdiction from one to two
months, empowering officers exercising general court-martial
jurisdiction and officers of general or flag rank in command to
impose arrest in quarters for not more than 30 consecutive days,
restriction, with or without suspension from duty, for not more
than 60 consecutive days, and detention of not more than one-half
of one month's pay per month for three months, and officers of
general or flag rank in command to order forfeiture of not more
than one-half of one month's pay per month for two months, and the
authority of commanding officers to impose punishment upon other
personnel of his command to permit correctional custody for not
more than seven consecutive days, forfeiture of not more than seven
days' pay, and detention of not more than 14 days' pay, empowered
officers of the grade of major or lieutenant commander, or above,
to impose the punishments prescribed in clauses (i) to (vii) of
subpar. (2) (H) upon personnel of his command other than officers,
changed provisions which permitted reduction to next inferior
grade, if the grade from which demoted was established by the
command or an equivalent or lower command to permit 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, and provisions which permitted extra duties for not more
than two consecutive weeks, and not more than two hours per day,
holidays included, to authorize extra duties, including fatigue or
other duties, for not more than 14 consecutive days, inserted
provisions limiting detention of pay for a stated period of not
more than one year, prohibiting two or more of the punishments of
arrest in quarters, confinement on bread and water or diminished
rations, correctional custody, extra duties, and restriction to be
combined to run consecutively in the maximum amount imposable for
each, combining of forfeiture of pay with detention without an
apportionment, and service of correctional custody, if practicable,
in immediate association with persons awaiting trial or held in
confinement pursuant to court-martial, requiring apportionment of
punishments combined to run consecutively, and in those cases where
forfeiture of pay is combined with detention of pay, defining
"correctional custody", and struck out provisions which permitted
withholding of privileges of officers and other personnel for not
more than two consecutive weeks and which authorized confinement
for not more than seven consecutive days if imposed upon a person
attached to or embarked in a vessel. Former subsec. (b)
redesignated (a).
Subsec. (c). Pub. L. 87-648 substituted "under subsection
(b)(2)(A)-(G) as the Secretary concerned may specifically prescribe
by regulation" for "to be imposed by commanding officers as the
Secretary concerned may by regulation specifically prescribe, as
provided in subsections (a) and (b)," and deleted "for minor
offenses" after "an officer in charge may".
Subsecs. (d), (e). Pub. L. 87-648 added subsec. (d), redesignated
former subsec. (d) as (e), inserted provisions requiring the
authority who is to act on an appeal from any of the seven
enumerated punishments to refer the case to a judge advocate of the
Army or Air Force, a law specialist of the Navy, or a law
specialist or lawyer of the Marine Corps, Coast Guard, or Treasury
Department for advice, and authorizing such referral of any case on
appeal from punishments under subsec. (b) of this section, and
substituted "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" for "The
officer who imposes the punishment, his successor in command, and
superior authority may suspend, set aside, or remit any part or
amount of the punishment, and restore all rights, privileges, and
property affected." Former subsec. (e) redesignated (f).
Subsecs. (f), (g). Pub. L. 87-648 redesignated former subsec. (e)
as (f) and added subsec. (g).
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by section 13(b) of Pub. L. 98-209 effective Dec. 6,
1983, and amendment by section 2(c) of Pub. L. 98-209 effective
first day of eighth calendar month beginning after Dec. 6, 1983,
see section 12(a)(1) of Pub. L. 98-209, set out as a note under
section 801 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of Title
5, Government Organization and Employees.
EFFECTIVE DATE OF 1962 AMENDMENT
Section 2 of Pub. L. 87-648 provided that: "This Act [amending
this section] becomes effective on the first day of the fifth month
following the month in which it is enacted [September 1962]."