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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
(5)
(6)
(7)
(8)
(9)
(3) of this section; and
2.
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 courtsmartial 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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