2012 Idaho Statutes
Title 46 - MILITIA AND MILITARY AFFAIRS
Chapter 11 - CODE OF MILITARY JUSTICE
Section 46-1107 - COMMANDING OFFICER'S NONJUDICIAL PUNISHMENT.
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.
History:
[(46-1107), added 1975, ch. 147, sec. 4, p. 339; am. 1984, ch. 92, sec. 5, p. 194; am. & redesig. 1998, ch. 176, sec. 6, p. 630; am. 2001, ch. 153, sec. 1, p. 554.]
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