§124A-21 Commanding officer's nonjudicial punishment. (a) Under such rules as the governor may adopt, 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 an officer of the commanding officer's 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 the governor, the commanding officer of a force of the state military forces, or the commanding general of a division, a fine or forfeiture of pay and allowances of not more than $75;
(2) Upon other military personnel of the commanding officer's 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;
(C) Extra duties for not more than fourteen days, which need not be consecutive, and for not more than two hours a 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 by an officer exercising special court-martial jurisdiction over the offender, a fine or forfeiture of pay and allowances of not more than $10.
(b) The governor may, by rule, place limitations on the powers granted by this section with respect to the kind and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers.
(c) An officer in charge may, for minor offenses, impose on enlisted members assigned to the unit of which the officer is in charge, such of the punishments authorized to be imposed by commanding officers as the governor may by rule specifically prescribe, as provided in subsections (a) and (b).
(d) A person punished under this section who considers the person's 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, the officer's 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 section 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 section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when 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 under this section, the forfeiture may apply to pay or allowances accruing on or after the date that punishment is imposed and to any pay and allowances accrued before that date. [L 1982, c 171, pt of §2; gen ch 1985]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
124A. Hawaii Code of Military Justice
124A-2 Persons subject to this chapter.
124A-3 Jurisdiction to try certain personnel.
124A-4 Dismissal of commissioned officer.
124A-5 Territorial applicability of the chapter.
124A-6 Judge advocates and legal officers.
124A-12 Apprehension of deserters.
124A-13 Imposition of restraint.
124A-14 Restraint of persons charged with offenses.
124A-16 Reports and receiving of prisoners.
124A-17 Punishment prohibited before trial.
124A-18 Delivery of offenders to civil authorities.
124A-21 Commanding officer's nonjudicial punishment.
124A-32 Jurisdiction of courts-martial in general.
124A-33 Jurisdiction of general courts-martial.
124A-34 Jurisdiction of special courts-martial.
124A-35 Jurisdiction of summary courts-martial.
124A-36 Sentences of dismissal or dishonorable discharge to be approved by the governor.
124A-38 Confinement instead of fine.
124A-41 Who may convene general courts-martial.
124A-42 Special courts-martial of state military forces not in federal service; who may convene.
124A-43 Summary courts-martial of state military forces not in federal service; who may convene.
124A-44 Who may serve on courts-martial.
124A-45 Law officer of a general court-martial.
124A-46 Detail of trial counsel and defense counsel.
124A-47 Detail or employment of reporters and interpreters.
124A-48 Absent and additional members.
124A-51 Charges and specifications.
124A-52 Compulsory self-incrimination prohibited.
124A-54 Forwarding of charges.
124A-55 Advice of state judge advocate and reference for trial.
124A-61 Governor to adopt rules.
124A-62 Unlawfully influencing action of court.
124A-63 Duties of trial counsel and defense counsel.
124A-68 Statute of limitations.
124A-71 Opportunity to obtain witnesses and other evidence.
124A-72 Refusal to appear or testify.
124A-75 Admissibility of records of courts of inquiry.
124A-77 Number of votes required.
124A-78 Court to announce action.
124A-81 Cruel and unusual punishments prohibited.
124A-83 Effective date of sentences.
124A-84 Execution of confinement.
124A-91 Execution of sentence; suspension of sentence.
124A-92 Initial action on the record.
124A-93 General court-martial records; opinion by staff judge advocate.
124A-94 Reconsideration and revision.
124A-96 Approval by the convening authority.
124A-97 Review of records; disposition.
124A-98 Error of law; lesser included offense.
124A-100 Vacation of suspension.
124A-101 Petition for a new trial.
124A-102 Remission and suspension.
124A-104 Finality of proceedings, findings, and sentences.
124A-113 Accessory after the fact.
124A-114 Conviction of lesser included offense.
124A-118 Fraudulent enlistment, appointment, or separation.
124A-119 Unlawful enlistment, appointment, or separation.
124A-121 Absence without leave.
124A-123 Contempt towards officials.
124A-124 Disrespect towards superior commissioned officer.
124A-125 Assaulting or wilfully disobeying superior commissioned officer.
124A-126 Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.
124A-127 Failure to obey order or regulation.
124A-128 Cruelty and maltreatment.
124A-130 Resistance, breach of arrest, and escape.
124A-131 Releasing prisoner without proper authority.
124A-132 Unlawful detention of another.
124A-133 Noncompliance with procedural rules.
124A-134 Misbehavior before the enemy.
124A-135 Subordinate compelling surrender.
124A-136 Improper use of countersign.
124A-138 Captured or abandoned property.
124A-140 Misconduct of a prisoner.
124A-141 False official statements.
124A-142 Military property; loss, damage, destruction, or wrongful disposition.
124A-143 Property other than military property; waste, spoilage, or destruction.
124A-144 Improper hazarding of vessel.
124A-145 Drunken or reckless driving.
124A-146 Drunk on duty; sleeping on post; leaving post before relief.
124A-149 Riot or breach of peace.
124A-150 Provoking speeches or gestures.
124A-152 Frauds against the government.
124A-153 Larceny and wrongful appropriation.
124A-154 Conduct unbecoming an officer.
124A-162 Authority to administer oaths.
124A-163 Military justice training.
124A-164 Complaints of wrongs.
124A-165 Redress of injuries to property.
124A-166 Execution of process and sentence.
124A-167 Process of military courts.
124A-168 Payment of fines and disposition thereof.
124A-169 Immunity for action of military courts or nonjudicial punishment.
124A-170 Presumption of jurisdiction.
124A-171 Delegation of authority by the governor; rulemaking authority of governor.