2005 Idaho Code - 46-1107 — COMMANDING OFFICER\'S NONJUDICIAL PUNISHMENT

                                  TITLE  46
                         MILITIA AND MILITARY AFFAIRS
                                  CHAPTER 11
                           CODE OF MILITARY JUSTICE
    46-1107.  COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT. (1) Any commanding
officer, not necessarily the accused's immediate 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 punishable under
this chapter, without the intervention of a court-martial. However, except in
the case of a member attached to or embarked on a vessel, punishment may not
be imposed upon any member under this chapter if the member has, before the
imposition of punishment, demanded trial by court-martial in lieu of the
punishment.
    (a)  Upon officers of his command:
         (i)   Restriction to certain specified limits, with or without
         suspension from duty, for not more than seven (7) consecutive duty
         days during any period or periods of duty;
         (ii)  If imposed by a general officer:
              1.  Restriction to quarters for not more than seven (7)
              consecutive duty days during any period or periods of duty;
              2.  Restriction to certain specified limits, with or without
              suspension from duty, for not more than fourteen (14) duty days
              during any period or periods of duty;
              3.  Fine, not to exceed two hundred dollars ($200).
    (b)  Upon other personnel of his command:
         (i)   Reduction to the next inferior 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;
         (ii)  Extra duties, including fatigue or other duties for not more
         than seven (7) consecutive duty days during any period or periods of
         duty;
         (iii) Restriction to certain specified limits, with or without
         suspension from duty for not more than seven (7) consecutive duty
         days during any period or periods of duty;
         (iv)  Fine, not to exceed seventy-five dollars ($75.00);
         (v)   If imposed by a commander of the rank of major or above:
              1.  Reduction to the lowest or any intermediate pay grade, if
              the grade from which demoted is within the promotion authority
              of the officer imposing the reduction, but an enlisted member
              above the grade of E-4 may not be reduced more than two (2)
              grades;
              2.  Extra duties, including fatigue or other duties, for not
              more than fourteen (14) consecutive duty days during any period
              or periods of duty;
              3.  Restriction to certain specified limits, with or without
              suspension from duty, for not more than fourteen (14)
              consecutive duty days during any period or periods of duty;
              4.  Fine, not to exceed one hundred dollars ($100).
No two (2) or more of the punishments of extra duties and restrictions may be
combined to run consecutively in the maximum amount imposable for each.
Whenever any of those punishments are combined to run consecutively, there
must be an apportionment so that the total period for both punishments will
not exceed the maximum imposable for either punishment.
    (2)  The member shall be given written notification of a commander's
intention to impose punishment under this section and an opportunity to make a
personal presentation to the commander proposing to impose the punishment
prior to imposition of punishment and of his right to appeal within two (2)
duty days to the next higher authority.
    (3)  The officer who imposes the punishment authorized in subsection (1)
of this section, or his successor in command, may, at any time, suspend
probationally any part or amount of the unexecuted punishment imposed and may
suspend probationally a reduction in grade imposed under subsection (1) of
this section, whether or not executed. In addition, he may, at any time, remit
or mitigate any part or amount of the unexecuted punishment imposed and may
set aside in whole or in part the punishment, whether executed or unexecuted,
and restore all rights and privileges affected. When mitigating extra duties
to restriction, the mitigated punishment shall not be for a greater period
than the punishment originally imposed.
    (4)  A person punished under this section who considers his punishment
unjust or disproportionate to the offense may appeal to the next higher
authority by delivering written notice of the appeal within two (2) duty days
after receipt of written notification of the punishment. The appeal shall be
promptly decided, but the person punished shall not in the meantime be
required to undergo the punishment adjudged. The higher authority may exercise
the same powers with respect to the punishment imposed as may be exercised
under subsection (3) of this section by the officer who imposed the
punishment.
    (5)  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
for a serious offense growing out of the same act or omission, and not
properly punishable under this section, but shall be considered in imposing
any sentence for a court-martial conviction arising out of the same act or
omission.
    (6)  All records of nonjudicial punishment under this section shall be
destroyed upon the termination of the person's current period of enlistment or
after two (2) years of honorable service in the military without further
disciplinary action under this section or a conviction by court-martial,
whichever occurs first.
    (7)  The term "minor offenses," as used in this section, means any acts or
omissions constituting offenses under the punitive sections of this chapter,
unless deemed to be a serious offense by the convening authority.