2014 Kentucky Revised Statutes
CHAPTER 35 - MILITARY JUSTICE
35.070 Commanding officer's nonjudicial punishment.
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<![CDATA[35.070 Commanding officer's nonjudicial punishment.
(1)
(2)
(3)
(4)
Under such regulations as prescribed, any commanding officer, and for
purposes of this section, officers-in-charge, 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.
Any commanding officer may impose upon enlisted members of the officer's
command:
(a) An admonition;
(b) A reprimand;
(c) The withholding of privileges for not more than six (6) months;
(d) The forfeiture of pay of not more than seven (7) days' pay;
(e) A fine of not more than seven (7) days' pay;
(f) 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;
(g) Extra duties, including fatigue or other duties, for not more than fourteen
(14) days, which need not be consecutive; and
(h) Restriction to certain specified limits, with or without suspension from
duty, for not more than fourteen (14) days, which need not be
consecutive.
Any commanding officer of the grade of major or lieutenant commander or
above may impose upon enlisted members of the officer's command:
(a) Any punishment authorized in subsection (2)(a), (b), and (c) of this
section;
(b) The forfeiture of not more than one-half (1/2) of one (1) month's pay per
month for two (2) months;
(c) A fine of not more than one (1) month's pay;
(d) A 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 or any officer subordinate to the one who imposes the
reduction, but an enlisted member in a pay grade above E-4 may not be
reduced more than two (2) pay grades;
(e) Extra duties, including fatigue or other duties, for not more than forty-five
(45) days which need not be consecutive; and
(f) Restriction to certain specified limits, with or without suspension from
duty, for not more than sixty (60) days which need not be consecutive.
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:
(a) Upon officers in the officer's command:
1.
Any punishment authorized in paragraph (a), (b), (c), or (f) of
subsection (3) of this section; and
2.
(5)
(6)
(7)
(8)
(9)
Arrest in quarters for not more than thirty (30) days which need not
be consecutive;
(b) Upon enlisted members of the officer's command, any punishment
authorized in subsection (3) of this section.
Whenever any of those punishments are combined to run consecutively, the
total length of the combined punishment cannot exceed the authorized duration
of the longest punishment in the combination, and there must be an
apportionment of punishments so that no single punishment in the combination
exceeds its authorized length under this section.
Prior to the offer of non-judicial punishment, the commanding officer shall
determine whether arrest in quarters or restriction shall be considered as
punishments. Should the commanding officer determine that the punishment
options may include arrest in quarters or restriction, the accused shall be
notified of the right to demand a trial by court-martial. Should the commanding
officer determine that the punishment options will 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 non-judicial punishment.
The officer who imposes 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
also may mitigate:
(a) Reduction in grade to forfeiture of pay;
(b) Arrest in quarters to restriction; or
(c) 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.
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 (15) days after the punishment is either
announced or sent to the accused, as the commander may determine. The
appeal shall be promptly forwarded and decided, but 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 (7) of this section
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.
The imposition and enforcement of disciplinary punishment under this section
for any act or omission is not 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; 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.
(10) Whenever a punishment of forfeiture of pay is imposed as provided in this
section, the forfeiture may apply to pay accruing before, on, or after the date
that punishment is imposed.
(11) Regulations may prescribe the form of forfeiture of records to be kept of
proceedings under this section and may prescribe that certain categories of
those proceedings shall be in writing.
(12) "Day," as used in this section, means:
(a) For the purpose of pay, one (1) day shall equal one (1) active duty
military pay day; and
(b) For all other purposes, one (1) day shall equal one (1) calendar day.
Effective:June 25, 2013
History: Amended 2013 Ky. Acts ch. 32, sec. 19, effective June 25, 2013. -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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