substitution for these offenses is six months or more will, in addition, authorize bad-conduct discharge and forfeiture of all pay and allowances. But see 15b. A general court-martial may adjudge a fine as an additional punishment in an appropriate case. See 126h (3). If an enlisted member of other than the lowest enlisted grade is convicted by a courtmartial the court may, in its discretion, adjudge reduction to any inferior grade in addition to the punishments otherwise authorized. But see 16b concerning the limitations on summary courts-martial. See also 126e. Reprimand or admonition may be adjudged in any case. Chapter XXVI NONJUDICIAL PUNISHMENT AUTHORITY-POLICIES APPLICABLE-EFFECT OF ERRORS-PUNISHMENTS— RIGHT TO DEMAND TRIAL-PROCEDURE; RECORDS OF PUNISHMENT— SUSPENSION, MITIGATION, REMISSION, AND SETTING ASIDE-APPEALS 128. AUTHORITY. a. Who may impose nonjudicial punishment. Unless otherwise provided by this chapter or regulations of the Secretary concerned, a commanding officer may, under Article 15, impose disciplinary punishments for minor offenses, without the intervention of a court-martial, upon commissioned officers, warrant officers, and other military personnel of his command. As used in this chapter, the term "commanding officer" or "commander" includes a warrant officer exercising command. Under regulations prescribed by the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under Article 15 to an officer who is one of his principal assistants. Those regulations shall define what officers may be considered as principal assistants for these purposes. Unless otherwise prescribed by those regulations or the terms of the delegation, the officer to whom those powers are delegated has the same authority under Article 15 as the officer who delegated the powers. Subject to regulations of the Secretary concerned, a commanding officer having disciplinary authority under Article 15 may limit or withhold the exercise by a subordinate commander of any disciplinary authority that subordinate commander would otherwise have under that article. In the Army and Air Force, authority under Article 15 may be exercised only by commanding officers and officers to whom this authority has been delegated. In the Navy, Marine Corps, and Coast Guard, that authority may be exercised by commanding officers and officers to whom this authority has been delegated. In addition, an officer in charge of any unit of the Navy, Marine Corps, or Coast Guard may impose upon enlisted members assigned to the unit of which he is in charge, and take action under 134 concerning, those punishments authorized to be imposed by a commanding officer who is below the grade of lieutenant commander or major which the Secretary concerned may specifically prescribe by regulation. For the purposes of Article 15, the term "assigned," as used in the preceding sentence, has the same meaning as the term "of his command." In matters within the authority of an officer in charge, the term "commanding officer" or "commander," as used in this chapter, includes an officer in charge. The Army and Air Force have no "officer in charge" as that term is used in Article 15 (c). b. Minor offenses. The term "offenses," as used in connection with the authority to impose disciplinary punishment under Article 15 for minor offenses, includes only those acts or omissions constituting offenses under the punitive articles of the Uniform Code of Military Justice. The nature of an offense, and the circumstances surrounding its commission, are among the factors which must be considered in determining whether or not it is minor in nature. Generally, the term "minor" includes misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court-martial. This term ordinarily does not include misconduct of a kind which, if tried by general court-martial, could be punished by dishonorable discharge or confinement for more than one year. The imposition and enforcement of disciplinary punishment under this article for an act or omission is not a bar to trial by court-martial for a serious crime or offense which grew out of the same act or omission and which is not properly punishable under this article. See 68g and Article 15 (f). However, the accused may show at the trial that he has been punished under Article 15 and, if he does, this fact must be considered in determining the measure of punishment to be adjudged if a finding of guilty results. c. Nonpunitive measures. Article 15 and this chapter do not apply to, include, or limit the use of those nonpunitive measures that a commanding officer or an officer in charge is authorized and expected to use to further the efficiency of his command or unit, such as administrative admonitions, reprimands, exhortations, disapprovals, criticisms, censures, reproofs, and rebukes, written or oral, not imposed as punishment for a military offense. These nonpunitive measures may also include, subject to any applicable regulations, administrative withholding of privileges. d. Double punishment and increase in punishment prohibited. When punishment has been imposed upon a person under Article 15 for an offense, punishment may not again be imposed upon him for the same offense under Article 15 either by the commanding officer who imposed the punishment or by any other commanding officer. But see 1286. Once punishment has been imposed it may not be increased, upon appeal or otherwise. 129. POLICIES APPLICABLE. a. General. Commanders are responsible for the maintenance of discipline within their commands. In the great majority of instances, discipline can be maintained through effective leadership including, when required, the use of those nonpunitive measures which a commander is expected to use to further the efficiency of his command or unit and which are not imposed under Article 15. See 128c. When a minor offense has been committed and nonpunitive measures are considered insufficient, authority under Article 15 should ordinarily be used unless it is clear that only trial by court-martial will meet the needs of justice and discipline. If a commanding officer determines that his authority under Article 15 is insufficient to make a proper disposition of the case, or if his authority to impose punishment under that article has been withheld (see 128a), he may refer the case to a superior commander for appropriate disposition. Before exercising authority under Article 15, the officer who is to exercise. it must thoroughly evaluate each case on an individual basis. No policy may be established whereby certain categories of offenses must be disposed of under Article 15 regardless of the circumstances, or predetermined kinds or amounts of punishments must be imposed for certain classifications of offenses that are proper for disposition under Article 15. b. Purpose and nature of action under Article 15. Punishments under Article 15 are primarily corrective in nature. In determining the appropriate kind and amount of punishment to be administered, commanding officers should consider the age, experience, intelligence, and prior disciplinary and military record of the offender, as well as all the other facts and circumstances of the case. When selecting the appropriate kind or combination of punishments to be imposed, commanders should consider the nature and characteristics of the various forms of authorized punishment discussed in 131c. This information should also be used by superior authority to whom appeals from punishments imposed under this article are directed when he takes action on those appeals. In determining an appropriate punishment, commanders should consider the desirability of suspending probationally all or a portion of the punishment selected. Probational suspension of punishment normally is warranted in the case of first offenders or when persuasive extenuating or mitigating matters are present. Suspension not only provides a behavioral incentive to the offender but also affords the commander an excellent opportunity to evaluate the offender during the period of suspension. 130. EFFECT OF ERRORS. A failure to comply with any of the procedural provisions of this chapter will not invalidate a punishment imposed under Article 15, except to the extent that may be required by a clear and affirmative showing of injury to a substantial right of the person on whom the punishment was imposed, which right was neither expressly or impliedly waived. 131. PUNISHMENTS. a. General limitations. The Secretary concerned may, by regulations, place limitations on the powers granted by Article 15 with respect to the kind and amount of the punishment authorized (Art. 15(a)). Subject to 128a, and any limitations contained in regulations of the Secretary concerned, the kinds and amounts of punishment authorized by Article 15(b) may be imposed upon military personnel of any armed force as provided in this paragraph (131). b. Authorized maximum punishments. In addition to or in lieu of admonition or reprimand, one or more of the following disciplinary punishments may, subject to the limitations of 131d, be imposed upon military personnel of their commands by the categories of commanding officers designated herein: (1) Upon commissioned officers and warrant officers of his command. (a) 1. arrest in quarters for not more than 30 consecutive days; 2. forfeiture of not more than one-half of one month's pay per month for two months; 3. restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; 4. detention of not more than one-half of one month's pay per month for three months. (2) Upon other military personnel of his command (a) by any commanding officer— 1. if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days; 2. correctional custody for not more than seven consecutive days; 3. forfeiture of not more than seven days' pay; 4. 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; 5. extra duties, including fatigue or other duties, for not more than 14 consecutive days; 6. restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; 7. detention of not more than 14 days' pay; (b) if imposed by a commanding officer of the grade of major or lieutenant commander or above 1. if imposed upon a person attached to or embarked in a vessel, 2. correctional custody for not more than 30 consecutive days; 4. reduction to the lowest or any intermediate pay grade, if the 5. extra duties, including fatigue or other duties, for not more than 45 consecutive days; 6. restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days; 7. detention of not more than one-half of one month's pay per month for three months. c. Nature of punishments. (1) Admonition and reprimand. When admonition or reprimand is imposed as punishment under Article 15, it should be clearly indicated that it is imposed as a punishment under that article. See 128c as to admonitions and reprimands imposed as purely administrative measures. In the case of commissioned officers and warrant officers, admonitions and reprimands given as punishment under Article 15 must be administered in writing. In other cases, unless otherwise prescribed by regulations of the Secretary concerned, they may be administered either orally or in writing. An admonition or reprimand may be imposed in lieu of or combined with other Article 15 punishments. (2) Restriction. This form of punishment is the least severe form of deprivation of liberty. Restriction involves moral rather than physical re |