Section 124B-21 - Commanding officer's nonjudicial punishment(a) In accordance with rules adopted by the governor, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The governor, the adjutant general, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.(b) Any commanding officer may impose upon enlisted members of the officer's command: (3) The withholding of privileges for no more than six months that need not be consecutive;(4) The forfeiture of pay of no more than seven days' pay;(5) A fine of no more than seven days' pay;(6) A 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;(7) Extra duties for no more than fourteen days that need not be consecutive; and(8) Restriction to certain specified limits, with or without suspension from duty, for no more than fourteen days that need not be consecutive.(c) Any commanding officer of the grade of O-4 or above may impose upon enlisted members of the officer's command:(1) Any punishment authorized in subsections (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 no more than one month's pay;(4) A reduction to the lowest or any intermediate pay grade if the soldier or airmen is in the grade of E-6 or below; provided that an enlisted member in a pay grade above E-4 shall not be reduced more than two pay grades;(5) Extra duties for no more than fourteen days that need not be consecutive; and(6) Restriction to certain specified limits, with or without suspension from duty, for no more than sixty days that need not be consecutive.(d) 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:(1) Upon officers of the officer's command: (A) Any punishment authorized in subsections (c)(1), (2), (3), and (6); and(B) Arrest in quarters for no more than thirty days that need not be consecutive; and(2) Upon enlisted members of the officer's command, any punishment authorized in subsection (c).(e) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the longest punishment in the combination; provided that there shall be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.(f) Before the offer of nonjudicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments; provided that if the commanding officer determines 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; provided further that if the commanding officer determines that the punishment options shall not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by courts-martial in lieu of nonjudicial punishment.(g) 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 officer may also mitigate:(1) Reduction in grade to forfeiture of pay;(2) Arrest in quarters to restriction; or(3) 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 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. Reduction in grade shall be mitigated to forfeiture of pay only within four months after the date of execution.
(h) 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 fifteen days after the punishment is either announced or sent to the person punished, as the commander may determine. The appeal shall be promptly forwarded and decided; provided that 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 (g) by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.(i) The imposition and enforcement of disciplinary punishment under this section for any act or omission shall not be 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; provided that the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.(j) 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) Rules may prescribe the form of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing. Added by L 2022, c 286,§ 2, eff. 1/1/2023.