2006 New York Code - Commanding Officer\'s Non-judicial Punishment

 
    § 130.15. Commanding  officer's  non-judicial  punishment.   (a) 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 of  the  following  disciplinary  punishments  for
  minor offenses without the intervention of a court-martial---
    (1) upon officers and warrant officers of his command:
    (A)  withholding  of  privileges  for  a  period  not  to  exceed  two
  consecutive weeks; or
    (B)  restriction  to  certain  specified  limits,  with   or   without
  suspension  from duty, for a period not to exceed two consecutive weeks;
  or
    (C) if imposed by the governor, the commanding officer of a  force  of
  the  organized  militia, an officer of general or flag rank in command a
  fine not exceeding two hundred dollars;
    (2) upon other military personnel of his command:
    (A)  withholding  of  privileges  for  a  period  not  to  exceed  two
  consecutive weeks; or
    (B)   restriction   to  certain  specified  limits,  with  or  without
  suspension from duty, for a period not to exceed two consecutive  weeks;
  or
    (C) extra duties for a period not to exceed two consecutive weeks, and
  not to exceed two hours per day, holidays included; or
    (D)  reduction  to next inferior grade if the grade from which demoted
  was established by the command or an equivalent or lower command; or
    (E) if imposed upon a person attached to  or  embarked  in  a  vessel,
  confinement for a period not to exceed seven consecutive days; or
    (F) a fine not exceeding one hundred fifty dollars.
    (b)  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 state duty who
  demands trial by a court-martial.  Under similar regulations, rules  may
  be  prescribed  with respect to the suspension of punishments authorized
  hereunder. Under such regulations as may  be  issued  pursuant  to  this
  chapter,  an officer of general or flag rank in command may delegate his
  powers under this section to a principal assistant.
    (c) 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.
    (d)  A  person  punished under authority of this section who deems 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
  shall  have  power to suspend, set aside, or remit any part or amount of
  the punishment and  to  restore  all  rights,  privileges  and  property
  affected.
    (e)  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 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 measure of punishment to be adjudged in the event  of
  a finding of guilty.
    (f)  The  adjutant  general  may, by regulation, prescribe the form of
  records to be kept of  proceedings  under  this  section  and  may  also
  prescribe  that  certain  categories  of  those  proceedings shall be in
  writing.