40.043. Disciplinary punishment for minor offenses, no court-martial required --appeal procedure--right of accused to trial by court-martial.

MISSOURI STATUTES AND CODES

40.043. Disciplinary punishment for minor offenses, no court-martial required --appeal procedure--right of accused to trial by court-martial.

Disciplinary punishment for minor offenses, no court-martial required--appeal procedure--right of accused to trial by court-martial.

40.043. 1. Under such regulations as the governor mayprescribe, any commanding officer may, in addition to or in lieuof admonition or reprimand, impose one of the followingdisciplinary punishments for minor offenses without theintervention of a court-martial:

(1) Upon an officer of his command:

(a) Withholding of privileges for not more than twoconsecutive weeks;

(b) Restriction to certain specified limits, with orwithout suspension from duty, for not more than two consecutiveweeks; or

(c) If imposed by the governor, the adjutant general, orthe commanding officer of a division, wing, brigade, battalion,group, or similar organization, a fine or forfeiture of pay andallowances of not more than one hundred fifty dollars;

(2) Upon other military personnel of his command:

(a) Withholding of privileges for not more than twoconsecutive weeks;

(b) Restriction to certain specified limits, with orwithout suspension from duty, for not more than two consecutiveweeks;

(c) Extra duties for not more than fourteen days, whichneed not be consecutive, and for not more than two hours per day,holidays included;

(d) Reduction to next inferior grade if the grade fromwhich demoted was established by the command or an equivalent orlower command; or

(e) If imposed by an officer exercising specialcourt-martial jurisdiction over the offender, a fine orforfeiture of pay and allowances of not more than fifty dollars.

2. The governor may, by regulation, place limitations onthe powers granted by this section with respect to the kind andamount of punishment authorized and the categories of commandingofficers authorized to exercise those powers.

3. An officer in charge may, for minor offenses, impose onenlisted members assigned to the unit or element of which theofficer is in charge, such of the punishments authorized to beimposed by commanding officers as the governor may by regulationspecifically prescribe, as provided in subsections 1 and 2 ofthis section.

4. Except where punishment has been imposed by thegovernor, a person punished under this section who considers hispunishment unjust or disproportionate to the offense may, throughthe proper channel, appeal to the next superior authority. Theappeal shall be promptly forwarded and decided, but the personpunished may in the meantime be required to undergo thepunishment adjudged. The officer who imposes the punishment, hissuccessor in command, and superior authority may suspend, setaside, or remit any part or amount of the punishment and restoreall rights, privileges and property affected.

5. The imposition and enforcement of disciplinarypunishment under this section for any act or omission is not abar to trial by court-martial for a serious crime or offensegrowing out of the same act or omission, and not properlypunishable under this section; but the fact that a disciplinarypunishment has been enforced may be shown by the accused upontrial, and when so shown shall be considered in determining themeasure of punishment to be adjudged in the event of a finding ofguilty.

6. Whenever a punishment of forfeiture of pay andallowances is imposed under this section, the forfeiture mayapply to pay or allowances accruing on or after the date thatpunishment is imposed and to any pay and allowances accruedbefore that date.

7. Any punishment authorized by this section which ismeasured in terms of days shall, when served in a status otherthan annual field training, be construed to mean succeedingactive service days.