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
Part I - Administration of the Government
Chapter 33a - Massachusetts Code of Military Justice
Section 2 - Persons Subject to This Code; Jurisdiction
Section 3 - Jurisdiction to Try Certain Personnel
Section 5 - Territorial Applicability of the Code
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 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 42 - Oaths or Affirmations
Section 43 - Statute of Limitations
Section 45 - Pleas of the Accused
Section 46 - Opportunity to Obtain Witnesses and Other Evidence
Section 47 - Refusal to Appear or Testify
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 55 - Cruel and Unusual Punishments Prohibited
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 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 76 - Finality of Proceedings, Findings and Sentences
Section 76a - Leave Required to Be Taken Pending Review of Certain Court-Martial Convictions
Section 78 - Accessory After the Fact
Section 79 - Conviction of Lesser Included Offense
Section 83 - Fraudulent Enlistment, Appointment or Separation
Section 84 - Unlawful Enlistment, Appointment or Separation
Section 86 - Absence Without Leave
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 113 - Misbehavior of Sentinel
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 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