Art. 15. Commanding officer’s non-judicial punishment

§ 815. Art. 15. Commanding officer’s non-judicial punishment (a) Under such regulations as the President may prescribe, 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 of his command— (A) withholding of privileges for not more than two consecutive weeks; (B) restriction to certain specified limits, with or without suspension from duty, for not more than two consecutive weeks; or (C) if imposed by an officer exercising general court-martial jurisdiction, forfeiture of not more than one-half of one month’s pay; and (2) upon other military personnel of his command— (A) withholding of privileges for not more than two consecutive weeks; (B) restriction to certain specified limits, with or without suspension from duty, for not more than two consecutive weeks; 42 (C) extra, duties for not more than two consecutive weeks, and not more than two hours per day, holidays included; (D) reduction to next inferior grade, if the grade from which demoted was established by the command or an equivalent or lower command; (E) if imposed upon a person attached to or embarked in a vessel, confinement for not more than seven consecutive days; or (F) 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. (b) The Secretary concerned may, by regulation, place limitations on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers authorized to exercise those powers, and the applicability of this article to an accused who demands trial by court-martial. (c) An officer in charge may, for minor offenses, impose, on enlisted members assigned to the unit of which he is in charge, such of the punishments authorized to be imposed by commanding officers as the Secretary concerned may by regulation specifically prescribe, as provided in subsections (a) and (b). (d) A person punished under this article who considers 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 may suspend, set aside, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. (e) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not 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 article: 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.