§5301. Commanding officer's nonjudicial punishment.

(a) General rule.--Under such regulations as the Governor may prescribe, any commanding officer or officer-in-charge may impose disciplinary punishments for minor offenses without the intervention of a court-martial. The Governor, the Adjutant General or a general officer or colonel in command may delegate the powers under this section to a principal assistant who is a member of the State military forces.

(b) Punishments by any commanding officer.--Any commanding officer may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1) An admonition.

(2) A reprimand.

(3) The withholding of privileges for not more than six months, which need not be consecutive.

(4) The forfeiture of pay of not more than seven days' pay.

(5) A fine of not more than seven days' pay or $200, whichever is less.

(6) A reduction to the next inferior pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction.

(7) Extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive.

(8) Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.

(c) Punishments by major or lieutenant commander and other officers.--Any commanding officer of the rank of major or lieutenant commander or above may impose upon enlisted members of the officer's command any of the following disciplinary punishments:

(1) Any punishment authorized in subsection (b)(1), (2) and (3).

(2) The forfeiture of not more than one-half of one month's pay per month for two months.

(3) A fine of not more than one month's pay or $500, whichever is less.

(4) A reduction to the lowest or any intermediate pay grade if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the officer imposing the reduction. An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(5) Extra duties, including fatigue or other duties, for not more than 45 days which need not be consecutive.

(6) Restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.

(d) Punishments by the Governor, Adjutant General and high officers.--The Governor, the Adjutant General, an officer exercising general court-martial convening authority or an officer of a general or flag rank in command may impose any of the following disciplinary punishments:

(1) Upon officers:

(i) Any punishment authorized in subsection (c)(1), (2), (3) and (6).

(ii) Arrest in quarters for not more than 30 days, which need not be consecutive.

(2) Upon enlisted members, any punishment authorized in subsection (c).

(e) Limits for consecutive punishments.--Whenever any punishments authorized under this section are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the highest punishment the Governor, Adjutant General or officer may impose. Punishments must be apportioned so that no single punishment exceeds its authorized length under this section.

(f) Preliminary requirements.--Prior to the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by court-martial in lieu of nonjudicial punishment.

(g) Reduction of penalty.--The officer who imposes the punishment, or the successor in command, may at any time suspend, set aside, mitigate or remit any part or amount of the punishment and restore all rights, privileges and property affected. The mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of 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 mitigated punishment. The officer also may:

(1) Mitigate reduction in grade to forfeiture of pay.

(2) Mitigate arrest in quarters to restriction.

(3) Mitigate extra duties to restriction.

(h) Appeal from punishment.--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 within 15 days after the punishment is announced or sent to the person. The appeal shall be promptly forwarded and decided. While awaiting a decision, the person appealing the punishment may be required to begin to serve the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) by the officer who imposed the punishment. Before acting on an appeal of a punishment, the superior authority may refer the case to a judge advocate for consideration and advice.

(i) Additional proceedings.--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 a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this section. 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.

(j) Application of forfeiture.--Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture may apply to pay accruing before, on or after the date that punishment is imposed.

(k) Records of proceedings.--The form of records to be kept of proceedings under this section may be prescribed by regulations adopted by the department. The regulations may prescribe that certain categories of the proceedings be in writing.

(l) Restrictions.--When punishment has been imposed under this section for an offense, nonjudicial punishment may not again be imposed for the same offense. Once nonjudicial punishment has been imposed, it may not be increased upon appeal or otherwise. When a commander determines that nonjudicial punishment is appropriate for a particular service member, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, will ordinarily be considered together and not made the basis for multiple punishments. This subsection does not restrict the commander's right to prefer court-martial charges for a nonminor offense previously punished under the provisions of this section.

Notation

Cross References.  Section 5301 is referred to in sections 5102, 5708 of this title.