Massachusetts General Laws
Chapter 33a - Massachusetts Code of Military Justice
Section 15 - Commanding Officer's Non-Judicial Punishment

Article 15. Commanding officer's non-judicial punishment.
(a) Under such regulations as prescribed, a commanding officer or, for purposes of this article, officer-in-charge, may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The commander-in-chief, the adjutant general or an officer of a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the state military forces.
(b) A commanding officer may impose upon enlisted members of the officer's command:
(1) an admonition;
(2) a reprimand;
(3) the withholding of privileges for not more than 6 months;
(4) the forfeiture of not more than 7 days' pay;
(5) a fine of not more than 7 days' pay;
(6) a reduction to the next inferior pay grade, if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction;
(7) extra duties, including fatigue or other duties, for not more than 14 days, which need not be consecutive; and
(8) restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, which need not be consecutive.
(c) A commanding officer of the grade of major, lieutenant commander or above may impose upon enlisted members of the officer's command:
(1) any punishment authorized in paragraphs (1) to (3), inclusive, of subsection (b);
(2) the forfeiture of not more than 1/2 of 1 month's pay for 2 months;
(3) a fine of not more than 1 month's pay;
(4) a reduction to the lowest or any intermediate pay grade, if the grade from which the enlisted member is demoted is within the promotion authority of the officer imposing the reduction or an officer subordinate to the one who imposes the reduction, provided however, an enlisted member in a pay grade above E–4 may not be reduced more than 2 pay grades;
(5) extra duties, including fatigue or other duties, for not more than 45 days, which need not be consecutive; and
(6) restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, which need not be consecutive.
(d) The commander-in-chief, the adjutant general, an officer exercising general court-martial convening authority or an officer of a general or flag rank in command may impose:
(1) upon officers of the officer's command:
(A) any punishment authorized in paragraphs (1), (2), (3) and (6) of subsection (c); and
(B) arrest in quarters for not more than 30 days, which need not be consecutive; and
(2) upon enlisted members of the officer's command, any punishment authorized in subsection (c).
(e) Whenever punishments are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this article.
(f) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether arrest in quarters or restriction shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters or restriction, the accused shall be notified of the right to demand trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by court-martial in lieu of non-judicial punishment.
(g) The officer who imposes the punishment, or the successor in command, may, at any time, suspend, set aside, mitigate or remit any part or amount of the punishment and restore all rights, privileges and property affected. The officer also may:
(1) mitigate reduction in grade to forfeiture of pay;
(2) mitigate arrest in quarters to restriction; or
(3) mitigate extra duties to restriction.
The mitigated punishment shall not be for a greater period of time than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated.
(h) A person punished under this article who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within 15 days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided within 15 days, but the person punished may, in the meantime, be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.
(i) The imposition and enforcement of disciplinary punishment under this article for an act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this article. Evidence of a disciplinary punishment that 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.
(j) Whenever a punishment of forfeiture of pay is imposed under this article, the forfeiture may apply to pay accruing before, on or after the date that punishment is imposed.
(k) Regulations may prescribe the form of records to be kept of proceedings under this article and may prescribe that certain categories of those proceedings shall be in writing.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title V - Militia

Chapter 33a - Massachusetts Code of Military Justice

Section 1 - Definitions.

Section 2 - Persons Subject to This Code; Jurisdiction

Section 3 - Jurisdiction to Try Certain Personnel

Section 5 - Territorial Applicability of the Code

Section 6 - Judge Advocates

Section 7 - Apprehension

Section 9 - Imposition of Restraint

Section 10 - Restraint of Persons Charged With Offenses

Section 11 - Place of Confinement; Reports and Receiving of Prisoners

Section 12 - Confinement With Enemy Prisoners Prohibited

Section 13 - Punishment Prohibited Before Trial

Section 14 - Delivery of Offenders to Civil Authorities

Section 15 - Commanding Officer's Non-Judicial Punishment

Section 16 - Courts-Martial Classified

Section 17 - Jurisdiction of Courts-Martial in General

Section 18 - Jurisdiction of General Courts-Martial

Section 19 - Jurisdiction of Special Courts-Martial

Section 20 - Jurisdiction of Summary Courts-Martial

Section 22 - Who May Convene General Courts-Martial

Section 23 - Who May Convene Special Courts-Martial

Section 24 - Who May Convene Summary Courts-Martial

Section 25 - Who May Serve on Courts-Martial

Section 26 - Military Judge of a General or Special Court-Martial

Section 27 - Detail of Trial Counsel and Defense Counsel

Section 28 - Detail or Employment of Reporters and Interpreters

Section 29 - Absent and Additional Members

Section 30 - Charges and Specifications

Section 31 - Compulsory Self-Incrimination Prohibited

Section 32 - Investigation

Section 33 - Forwarding of Charges

Section 34 - Advice of Judge Advocate and Reference for Trial

Section 35 - Service of Charges

Section 36 - Commander-in-Chief or the Adjutant General May Prescribe Rules

Section 37 - Unlawfully Influencing Action of Court

Section 38 - Duties of Trial Counsel and Defense Counsel

Section 39 - Sessions

Section 40 - Continuances

Section 41 - Challenges

Section 42 - Oaths or Affirmations

Section 43 - Statute of Limitations

Section 44 - Former Jeopardy

Section 45 - Pleas of the Accused

Section 46 - Opportunity to Obtain Witnesses and Other Evidence

Section 47 - Refusal to Appear or Testify

Section 48 - Contempt

Section 49 - Depositions

Section 50 - Admissibility of Records of Courts of Inquiry

Section 50a - Defense of Lack of Mental Responsibility

Section 51 - Voting and Rulings

Section 52 - Number of Votes Required

Section 53 - Court to Announce Action

Section 54 - Record of Trial

Section 55 - Cruel and Unusual Punishments Prohibited

Section 56 - Maximum Limits

Section 57 - Effective Date of Sentences

Section 57a - Deferment of Sentences

Section 58 - Execution of Confinement

Section 58a - Sentences: Reduction in Enlisted Grade Upon Approval

Section 58b - Sentences: Forfeiture of Pay and Allowances During Confinement

Section 59 - Error of Law; Lesser Included Offense

Section 60 - Action by the Convening Authority

Section 61 - Withdrawal of Appeal

Section 62 - Appeal by the State

Section 63 - Rehearings

Section 64 - Review by the Senior Force Judge Advocate

Section 65 - Disposition of Records After Review by the Convening Authority

Section 67a - Review by State Appellate Authority

Section 70 - Appellate Counsel

Section 71 - Execution of Sentence; Suspension of Sentence

Section 72 - Vacation of Suspension

Section 73 - Petition for a New Trial

Section 74 - Remission and Suspension

Section 75 - Restoration

Section 76 - Finality of Proceedings, Findings and Sentences

Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions

Section 76b - Lack of Mental Capacity or Mental Responsibility: Commitment of Accused for Examination and Treatment

Section 77 - Principals

Section 78 - Accessory After the Fact

Section 79 - Conviction of Lesser Included Offense

Section 80 - Attempt

Section 81 - Conspiracy

Section 82 - Solicitation

Section 83 - Fraudulent Enlistment, Appointment or Separation

Section 84 - Unlawful Enlistment, Appointment or Separation

Section 85 - Desertion

Section 86 - Absence Without Leave

Section 87 - Missing Movement

Section 88 - Contempt Toward Officials

Section 89 - Disrespect Toward Superior Commissioned Officer

Section 90 - Assaulting or Willfully Disobeying Superior Commissioned Officer

Section 91 - Insubordinate Conduct Toward Warrant Officer, Noncommissioned Officer or Petty Officer

Section 92 - Failure to Obey Order or Regulation

Section 93 - Cruelty and Maltreatment

Section 94 - Mutiny or Sedition

Section 95 - Resistance, Flight, Breach of Arrest and Escape

Section 96 - Releasing Prisoner Without Proper Authority

Section 97 - Unlawful Detention

Section 98 - Noncompliance With Procedural Rules

Section 99 - Misbehavior Before the Enemy

Section 100 - Subordinate Compelling Surrender

Section 101 - Improper Use of Countersign

Section 102 - Forcing a Safeguard

Section 103 - Captured or Abandoned Property

Section 104 - Aiding the Enemy

Section 105 - Misconduct as Prisoner

Section 107 - False Official Statements

Section 108 - Loss, Damage, Destruction or Wrongful Disposition of Military Property

Section 109 - Waste, Spoilage or Destruction of Non-Military Property

Section 110 - Improper Hazarding of Vessel

Section 112 - Drunk on Duty

Section 112a - Wrongful Use, Possession, Manufacturing, Distribution, and Importing of Controlled Substances

Section 113 - Misbehavior of Sentinel

Section 114 - Dueling

Section 115 - Malingering

Section 116 - Riot or Breach of Peace

Section 117 - Provoking Speeches or Gestures

Section 132 - Frauds Against the Government

Section 133 - Conduct Unbecoming an Officer

Section 134 - General Article

Section 135 - Courts of Inquiry

Section 136 - Authority to Administer Oaths and to Act as Notary

Section 137 - Articles to Be Made Available

Section 138 - Complaints of Wrongs

Section 139 - Redress of Injuries to Property

Section 140 - Delegation by the Commander-in-Chief

Section 141 - Payment of Fees, Costs, and Expenses

Section 142 - Payment of Fines and Disposition Thereof

Section 143 - Uniformity of Interpretation and Military Rules of Evidence

Section 144 - Immunity for Action of Military Courts

Section 145 - Severability

Section 146 - Short Title