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35.070 Commanding officer's nonjudicial punishment.
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Under such regulations as may be issued pursuant to this chapter, any commanding
officer may, in addition to or in lieu of admonition or reprimand, impose one (1) or
more of the following disciplinary punishments for minor offenses without the
intervention of a court-martial:
(a) Upon officers of his command:
1.
Restriction to certain specified limits, with or without suspension from
duty, for a period not to exceed two (2) consecutive weeks; or
2.
A fine not exceeding two hundred dollars ($200);
(b) Upon other military personnel:
1.
Restriction to certain specified limits, with or without suspension from
duty, for a period not to exceed two (2) consecutive weeks;
2.
Extra duties for a period not more than fourteen (14) days which need
not be consecutive, and not to exceed two (2) hours per day, holidays
included;
3.
Forfeiture of pay and allowances not exceeding one hundred dollars
($100) or a fine of a like amount;
4.
Reduction to next lower grade if the grade from which demoted was
established by the command or an equivalent or lower command; or
5.
A combination of these punishments.
Prior to being informed of the disciplinary action to be taken under this section, the
person to be punished shall have the right to demand a trial by court-martial for the
offense.
Under such regulations as may be issued pursuant to this chapter, limitations may
be placed on the powers granted by this section with respect to the kind and amount
of punishment authorized, the categories of commanding officers authorized to
exercise such powers, and the applicability of this section to an accused on active
service who demands trial by a court-martial.
An officer in charge may, for minor offenses, 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.
Except where punishment has been imposed by the Governor, a person punished
under this section 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 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.
The imposition and enforcement of disciplinary punishment under authority of this
section for any act or omission shall not be a bar to trial by court-martial for a
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serious crime or offense arising out of the same act or omission, and not properly
punishable under this section; 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 amount of punishment to be adjudged in the event of
a finding of guilty.
Whenever a punishment of forfeiture of pay and allowances is imposed as provided
in this section, the forfeiture may apply to pay or allowances becoming due on or
after the date such punishment is imposed and to pay allowances accrued before
such a date.
Effective: July 15, 1986
History: Amended 1986 Ky. Acts ch. 239, sec. 5, effective July 15, 1986. -- Amended
1974 Ky. Acts ch. 108, sec. 1. -- Amended 1970 Ky. Acts ch. 56, sec. 10. -- Created
1954 Ky. Acts ch. 99, sec. 13, effective July 1, 1954.
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