N.Y. Military Law § 130.15: 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.