{"data":{"id":"us-ok/okla.-stat.-tit.-44-44-815","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 44, § 44-815","heading":"Commanding officer's nonjudicial punishment","body":"ARTICLE 15. Commanding officer's nonjudicial punishment.\n\nA. Except as provided in subsection B of this section, any\n\ncommanding officer may impose disciplinary punishments for minor\n\noffenses arising under the punitive articles of the Oklahoma Uniform\n\nCode of Military Justice without the intervention of a court-\n\nmartial.\n\nB. Any commanding officer may limit or withhold the exercise of\n\nnonjudicial punishment authority by subordinate commanders,\n\nincluding limiting authority over certain categories of military\n\npersonnel or offenses. Likewise, individual cases may be reserved\n\nby a superior commander. A superior authority may limit or withhold\n\nany power that a subordinate might otherwise exercise under this\n\nsection.\n\nC. Except as provided in subsection L of this section, the\n\nGovernor or Adjutant General may delegate the powers established\n\nunder this section to a commanding officer who is a member of the\n\nstate military forces and is also a member of the same force\n\ncomponent as the accused.\n\nD. Except as provided in subsection S of this section, any\n\ncommanding officer may impose upon enlisted members of the officer's\n\ncommand:\n\n1. An admonition;\n\n2. A reprimand;\n\n3. The withholding of privileges for not more than six (6)\n\nmonths which need not be consecutive;\n\n4. The forfeiture of pay of not more than seven (7) days' pay;\n\n5. A fine of not more than seven (7) days' pay;\n\n6. A reduction to the next inferior pay grade, if the grade\n\nfrom which demoted is within the promotion authority of the officer\n\nimposing the reduction or any officer subordinate to the one who\n\nimposes the reduction;\n\n7. Extra duties, including fatigue or other duties, for not\n\nmore than fourteen (14) days, which need not be consecutive; and\n\n8. Restriction to certain specified limits, with or without\n\nsuspension from duty, for not more than fourteen (14) days, which\n\nneed not be consecutive.\n\nE. Except as provided in subsection S of this section, any\n\ncommanding officer of the grade of major or above may impose upon\n\nenlisted members of the officer's command:\n\n1. An admonition;\n\n2. A reprimand;\n\n3. The withholding of privileges for not more than six (6)\n\nmonths which need not be consecutive;\n\n4. The forfeiture of not more than one-half (1/2) of one (1)\n\nmonth's pay per month for two (2) months;\n\n5. A fine of not more than one (1) month's pay;\n\n6. A reduction to the lowest or any intermediate pay grade, if\n\nthe grade from which demoted is within the promotion authority of\n\nthe commanding officer imposing the reduction or any officer\n\nsubordinate to the one who imposes the reduction, but an enlisted\n\nmember in a pay grade above E-4 shall not be reduced more than two\n\npay grades;\n\n7. Extra duties, including fatigue or other duties, for not\n\nmore than forty-five (45) days which need not be consecutive; and\n\n8. Restriction to certain specified limits, with or without\n\nsuspension from duty, for not more than sixty (60) days which need\n\nnot be consecutive.\n\nF. The Governor, the Adjutant General, or an officer exercising\n\ngeneral or special court-martial convening authority may impose:\n\n1. Upon officers of the officer's command:\n\na. any punishment authorized in subsection E of this\n\nsection, except for the punishments provided in\n\nparagraphs 6 and 7 of subsection E of this section,\n\nand\n\nb. arrest in quarters for not more than thirty (30) days\n\nwhich need not be consecutive; and\n\n2. Upon enlisted members of the officer's command, any\n\npunishment authorized in subsection E of this section.\n\nAdmonitions or reprimands given as nonjudicial punishment to\n\ncommissioned officers and warrant officers shall be administered in\n\nwriting. In all other cases, unless otherwise prescribed by\n\nregulations promulgated by the Adjutant General, such punishments\n\nmay be administered either orally or in writing.\n\nG. Whenever any punishments are combined to run consecutively,\nbsection E of this section.\n\nAdmonitions or reprimands given as nonjudicial punishment to\n\ncommissioned officers and warrant officers shall be administered in\n\nwriting. In all other cases, unless otherwise prescribed by\n\nregulations promulgated by the Adjutant General, such punishments\n\nmay be administered either orally or in writing.\n\nG. Whenever any punishments are combined to run consecutively,\n\nthe total length of the combined punishment shall not exceed the\n\nauthorized duration of the longest punishment included in the\n\ncombination, and there shall be an apportionment of punishments so\n\nthat no single punishment in the combination exceeds its authorized\n\nlength under this section.\n\nH. Once the commanding officer has determined that nonjudicial\n\npunishment is appropriate, the commanding officer shall provide\n\nreasonable notice to the member of his or her intent to impose\n\nnonjudicial punishment. At the time the commanding officer provides\n\nnotification as required in this subsection, the member shall be\n\nentitled to examine all statements and other evidence that the\n\ncommander has examined and intends to rely upon as the basis for\n\npunishment. The member shall be provided a copy of the documentary\n\nevidence unless it is privileged, classified, or otherwise\n\nrestricted by law, regulation, or instruction. At the time the\n\ncommanding officer provides notification as required in this\n\nsubsection, the commanding officer shall also inform the member as\n\nto the quantum of punishment potentially to be imposed. While a\n\nmember undergoing nonjudicial punishment is not entitled to\n\nrepresentation by a duly appointed defense counsel, the member may\n\nseek legal advice from any judge advocate available for this\n\npurpose. Upon notification by the officer of his or her intent to\n\nimpose judicial punishment, the member shall provide a response\n\nwithin forty-five (45) calendar days.\n\nI. The right to demand trial by court-martial in lieu of\n\nnonjudicial punishment shall arise only when arrest in quarters or\n\nrestriction will be considered as punishments. If the commanding\n\nofficer determines that arrest in quarters or restriction will be\n\nconsidered as punishments, prior to the offer of nonjudicial\n\npunishment the member shall be notified in writing of the right to\n\ndemand trial by court-martial. Should the commanding officer\n\ndetermine that the punishment options will not include arrest in\n\nquarters or restriction, the member shall be notified that there is\n\nno right to trial by court-martial in lieu of nonjudicial\n\npunishment. Upon notification by the commanding officer of his or\n\nher intent to impose nonjudicial punishment that includes arrest in\n\nquarters or restriction, the member shall be afforded a reasonable\n\namount of time to confer with legal counsel and to prepare a\n\nresponse.\n\nJ. The commanding officer who imposes the punishment, or his or\n\nher successor in command, may at any time suspend, set aside,\n\nmitigate or remit any part or amount of the punishment and restore\n\nall rights, privileges and property affected. The commanding\n\nofficer may also mitigate:\n\n1. Reduction in grade to forfeiture of pay;\n\n2. Arrest in quarters to restriction; or\n\n3. Extra duties to restriction.\n\nThe mitigated punishment shall not be for a greater period than\n\nthe punishment mitigated. When mitigating reduction in grade to\n\nforfeiture of pay, the amount of the forfeiture shall not be greater\n\nthan the amount that could have been imposed initially under this\n\narticle by the officer who imposed the punishment mitigated.\n\nK. A person punished under this section who considers the\n\npunishment unjust or disproportionate to the offense may, through\n\nhis or her chain of command, appeal to a senior officer designated\n\nby the Adjutant General to adjudicate appeals arising from\n\nnonjudicial punishment. A senior officer so designated by the\n\nAdjutant General shall be a member of the same component of the\nishment mitigated.\n\nK. A person punished under this section who considers the\n\npunishment unjust or disproportionate to the offense may, through\n\nhis or her chain of command, appeal to a senior officer designated\n\nby the Adjutant General to adjudicate appeals arising from\n\nnonjudicial punishment. A senior officer so designated by the\n\nAdjutant General shall be a member of the same component of the\n\nstate military forces as the accused. An appeal made pursuant to\n\nthis subsection shall be lodged within fifteen (15) days after the\n\npunishment is announced to the member. The commanding officer\n\nexercising appellate authority may, at his or her discretion, extend\n\nthe deadline for an appeal. The appeal shall be promptly forwarded\n\nand decided, and the member shall not be punished until the appeal\n\nis decided. The senior officer designated by the Adjutant General\n\nas exercising appellate authority may exercise the same powers with\n\nrespect to the punishment imposed as may be exercised under\n\nsubsection I of this section by the officer who imposed the\n\npunishment. Before acting on an appeal from a punishment, the\n\nsenior officer exercising appellate authority shall refer the case\n\nto a judge advocate for consideration and advice. When a senior\n\nofficer is designated by the Adjutant General to adjudicate appeals\n\narising from nonjudicial punishment, such designation shall be\n\naccomplished in writing and shall be considered a military\n\npublication, as defined in Section 801 of this title (Article 1).\n\nL. Except for nonjudicial punishment imposed by the Governor or\n\nthe Adjutant General, the final appellate authority for nonjudicial\n\npunishment imposed within state military forces is the Adjutant\n\nGeneral. A person punished under this section whose appeal was\n\npreviously denied by a senior officer designated to adjudicate\n\nappeals may, through his or her chain of command, lodge an\n\nadditional appeal with the Adjutant General within five (5) days\n\nafter the appeal is denied. In the event the officer imposing\n\nnonjudicial punishment is a senior officer who is also designated to\n\nadjudicate appeals arising from nonjudicial punishment, an appeal\n\nthereof shall be addressed directly to the Adjutant General. In the\n\nevent the officer imposing nonjudicial punishment is the Adjutant\n\nGeneral, an appeal thereof shall be addressed directly to the\n\nGovernor. An appeal offered pursuant to this subsection shall be\n\nmade only in writing. Neither the Governor nor the Adjutant General\n\nshall delegate his or her duties as an appellate authority under\n\nthis subsection.\n\nM. Whenever nonjudicial punishment is imposed under this\n\nsection:\n\n1. After adjudication and while the punishment is being carried\n\nout or while the adjudged punishment is pending before the appellate\n\nauthority, the commander or officer in charge who imposed the\n\nnonjudicial punishment, upon the request of the member, may:\n\na. excuse the member from attendance at scheduled unit\n\ntraining assemblies, or\n\nb. arrange for the member to drill on alternate dates and\n\nin alternate locations; or\n\n2. If necessary to maintain good order and discipline within\n\nthe unit, the commanding officer who imposed the nonjudicial\n\npunishment may order the member to drill on alternate dates and in\n\nalternate locations. The order shall be reduced to writing and\n\nshall become part of the record of nonjudicial punishment.\n\nN. The imposition and enforcement of disciplinary punishment\n\nunder this section for any act or omission shall not be a bar to\n\ntrial by court-martial or a civilian court of competent jurisdiction\n\nfor a crime or offense arising out of the same act or omission; but\n\nthe fact that a disciplinary punishment has been enforced may be\n\ndemonstrated by the member upon trial and, when so demonstrated, it\n\nshall be considered in determining the measure of punishment to be\n\nadjudged in the event of a finding or verdict of guilty.\ntrial by court-martial or a civilian court of competent jurisdiction\n\nfor a crime or offense arising out of the same act or omission; but\n\nthe fact that a disciplinary punishment has been enforced may be\n\ndemonstrated by the member upon trial and, when so demonstrated, it\n\nshall be considered in determining the measure of punishment to be\n\nadjudged in the event of a finding or verdict of guilty.\n\nNonjudicial punishment shall not be imposed for an offense\n\npreviously tried by a civilian court unless so authorized by\n\nregulations promulgated by the Adjutant General.\n\nO. When nonjudicial punishment has been imposed for an offense,\n\npunishment shall not again be imposed for the same offense under\n\nthis section. Once nonjudicial punishment has been imposed, it may\n\nnot be increased, upon appeal or otherwise. When a commanding\n\nofficer determines that nonjudicial punishment is appropriate for a\n\nparticular member, all known offenses determined to be appropriate\n\nfor disposition by nonjudicial punishment and ready to be considered\n\nat that time, including all offenses arising from a single incident\n\nor course of conduct, shall be considered together and shall not be\n\nmade the basis for multiple punishments. This subsection shall in\n\nno way restrict the right of a commanding officer to prefer court-\n\nmartial charges for an offense previously punished under the\n\nprovisions of this section.\n\nP. In accordance with subsection B of Section 843 of this title\n\n(Article 43, subsection B), a person accused of an offense is not\n\nliable to be punished under this section if the offense was\n\ncommitted more than two (2) years before the imposition of\n\npunishment. Periods in which the member is absent without authority\n\nshall be excluded in computing the period of limitation prescribed\n\nin this section.\n\nQ. Whenever a punishment of forfeiture of pay is imposed under\n\nthis section, the forfeiture shall not apply to pay accruing before\n\nthe date that punishment is imposed, but only pay accruing on or\n\nafter the date that punishment is imposed.\n\nR. The Adjutant General may promulgate regulations prescribing\n\nthe type and form of records to be kept of proceedings conducted\n\npursuant to this section. The Adjutant General may promulgate any\n\nother regulations necessary to carry out the provisions of this\n\nsection.\n\nS. For purposes of this section, no member of the Oklahoma\n\nNational Guard of the rank of E-8 or E-9 shall be reduced in rank\n\npursuant to this section except when the reduction results from\n\nnonjudicial punishment imposed by an officer of the Oklahoma\n\nNational Guard of the rank of Brigadier General or by the Adjutant\n\nGeneral. When imposing nonjudicial punishment on enlisted persons\n\nof the rank of E-7 or below, a commander or officer in charge who\n\npossesses the rank of colonel may consider reduction in rank as a\n\npossible punishment.","path":["OK Code","Title 44"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os44.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"302c728c8e2eadc75264b3112aa831dd32efc0c4cd7d8de52bb453c946b63eae","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-44-44-814","next":"us-ok/okla.-stat.-tit.-44-44-816"},"notice":"GroundRules: Original legal text. Not legal advice."}