§ 38-2-360 - Commanding officer's nonjudicial punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses - Georgia Statutes

O.C.G.A. 38-2-360 (2010)
38-2-360. Commanding officer's nonjudicial punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses

(a) Under such regulations as may be issued pursuant to this chapter, any commanding officer, in addition to, or in lieu of, admonition or reprimand, may 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 or her command:

(A) Withholding of privileges for a period not to exceed two consecutive weeks;

(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 or by a general officer, fine or forfeiture of not more than one-half of one month's pay per month for two months; and

(2) Upon other military personnel of his or her command:

(A) Withholding of privileges for a period not to exceed two consecutive weeks;

(B) Restriction to certain specified limits, with or without suspension from duty, for a period not to exceed two consecutive weeks;

(C) Extra duties for a period not to exceed two consecutive weeks and not to exceed two hours per day, holidays included;

(D) Reduction to the 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 on a vessel, confinement for a period not to exceed seven consecutive days; or

(F) If imposed by an officer exercising special court-martial jurisdiction, fine or forfeiture of not more than one-half of one month's pay per month for two months.

(b) Under such regulations as may be issued pursuant to this chapter, limitations may be placed on the powers granted by this Code section with respect to the kind and amount of punishment authorized, the categories of commanding officers authorized to exercise the powers, and the applicability of this Code section to an accused on active state duty who demands trial by a court-martial.

(c) An officer in charge, for minor offenses, may 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 Code section who deems his punishment unjust or disproportionate to the offense may appeal, through the proper channel, to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may be required in the meantime 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 Code 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 which is not properly punishable under this Code section. However, the fact that a disciplinary punishment has been enforced may be shown by the accused upon the trial by court-martial 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) Whenever a punishment of forfeiture of pay and allowances is imposed as provided in this Code section, the forfeiture may apply to pay or allowances becoming due on or after the date the punishment is imposed and to any pay and allowances accrued before such date.