Title 38, Chapter 2, Section 360
( 38-2-360)
(a) Under such regulations as may be issued pursuant to this
chapter, any commanding officer, in addition to, or in lieu of,
admonition or reprimand, may impose one of the following
disciplinary punishments for minor offenses without the intervention
of a court-martial: (1) Upon officers and warrant officers of his or her command: (A) Withholding of privileges for a period not to exceed two
consecutive weeks; (B) Restriction to certain specified limits, with or without
suspension from duty, for a period not to exceed two consecutive
weeks; or (C) If imposed by the Governor or by a general officer, fine or
forfeiture of not more than one-half of one month's pay per
month for two months; and (2) Upon other military personnel of his or her command: (A) Withholding of privileges for a period not to exceed two
consecutive weeks; (B) Restriction to certain specified limits, with or without
suspension from duty, for a period not to exceed two consecutive
weeks; (C) Extra duties for a period not to exceed two consecutive
weeks and not to exceed two hours per day, holidays included; (D) Reduction to the next inferior grade if the grade from which
demoted was established by the command or an equivalent or lower
command; (E) If imposed upon a person attached to or embarked on a
vessel, confinement for a period not to exceed seven consecutive
days; or (F) If imposed by an officer exercising special court-martial
jurisdiction, fine or forfeiture of not more than one-half of
one month's pay per month for two months. (b) Under such regulations as may be issued pursuant to this
chapter, limitations may be placed on the powers granted by this
Code section with respect to the kind and amount of punishment
authorized, the categories of commanding officers authorized to
exercise the powers, and the applicability of this Code section to
an accused on active state duty who demands trial by a
court-martial. (c) An officer in charge, for minor offenses, may impose on enlisted
persons assigned to the unit of which he is in charge, such of the
punishments authorized to be imposed by commanding officers as may
be specifically prescribed by regulations issued pursuant to this
chapter. (d) A person punished under authority of this Code section who deems
his punishment unjust or disproportionate to the offense may appeal,
through the proper channel, to the next superior authority. The
appeal shall be promptly forwarded and decided, but the person
punished may be required in the meantime to undergo the punishment
adjudged. The officer who imposes the punishment, his successor in
command, and superior authority shall have power to suspend, set
aside, or remit any part or amount of the punishment and to restore
all rights, privileges, and property affected. (e) The imposition and enforcement of disciplinary punishment under
authority of this Code section for any act or omission shall not be
a bar to trial by court-martial for a serious crime or offense
growing out of the same act or omission and which is not properly
punishable under this Code section. However, the fact that a
disciplinary punishment has been enforced may be shown by the
accused upon the trial by court-martial and, when so shown, shall be
considered in determining the measure of punishment to be adjudged
in the event of a finding of guilty. (f) Whenever a punishment of forfeiture of pay and allowances is
imposed as provided in this Code section, the forfeiture may apply
to pay or allowances becoming due on or after the date the
punishment is imposed and to any pay and allowances accrued before
such date. |