Effective - 12 Jun 1991
40.043. Disciplinary punishment for minor offenses, no court-martial required — appeal procedure — right of accused to trial by court-martial. — 1. Under such regulations as the governor may prescribe, 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 his 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 adjutant general, or the commanding officer of a division, wing, brigade, battalion, group, or similar organization, a fine or forfeiture of pay and allowances of not more than one hundred fifty dollars;
(2) Upon other military personnel of his 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 per 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; or
(e) 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 fifty dollars.
2. The governor may, by regulation, 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.
3. An officer in charge may, for minor offenses, impose on enlisted members assigned to the unit or element of which the officer is in charge, such of the punishments authorized to be imposed by commanding officers as the governor may by regulation specifically prescribe, as provided in subsections 1 and 2 of this section.
4. Except where punishment has been imposed by the governor, a person punished under this section who considers his 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, his 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.
5. 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 so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
6. 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.
7. Any punishment authorized by this section which is measured in terms of days shall, when served in a status other than annual field training, be construed to mean succeeding active service days.
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(L. 1984 H.B. 1035 § 15, A.L. 1991 S.B. 358)
Effective 6-12-91
Structure Missouri Revised Statutes
Title V - Military Affairs and Police
Section 40.005 - Definitions — law applicable to all state military forces not in federal service.
Section 40.015 - Jurisdiction of military courts.
Section 40.020 - Apprehension defined — authority to apprehend, when.
Section 40.023 - Absent without leave, authority to apprehend — offender outside state, procedure.
Section 40.035 - Confinement, where.
Section 40.036 - Jails and prisons required to keep prisoners, when — official's duties.
Section 40.038 - Confinement requirements — other punishment prohibited — exception.
Section 40.055 - General courts-martial, jurisdiction — punishment.
Section 40.060 - Special courts-martial, jurisdiction — punishment — exceptions.
Section 40.075 - Sentence to confinement at one dollar a day instead of fine — limitations.
Section 40.083 - Convening general courts-martial, persons authorized.
Section 40.085 - Convening special courts-martial, persons authorized.
Section 40.088 - Convening summary courts-martial, persons authorized.
Section 40.095 - Military judge — appointment — qualifications — duties — restrictions.
Section 40.098 - Trial counsel and defense counsel appointed, when — qualifications — restrictions.
Section 40.100 - Court reporters, appointment, when.
Section 40.108 - Charges — contents — oath — accused to be informed.
Section 40.119 - Referring charges for trial requirements to be met in general court-martial.
Section 40.124 - Procedure in military courts.
Section 40.126 - Attempts to influence or coerce court prohibited — exceptions.
Section 40.133 - Continuances, granted, when.
Section 40.135 - Challenges, general or special court-martial.
Section 40.138 - Oath required for all judges, members, counsel, reporters, interpreters.
Section 40.144 - Res judicata to apply, when — exception not a bar to civilian prosecution.
Section 40.148 - Not guilty plea, entered when.
Section 40.150 - Witnesses and evidence, authority to obtain.
Section 40.155 - Contempt, authority of military court — penalties.
Section 40.170 - Sentence and findings announced, when.
Section 40.175 - Cruel and unusual punishment prohibited.
Section 40.178 - Punishment, governor may prescribe limits.
Section 40.185 - Sentence, convening authority may approve, suspend or commute.
Section 40.190 - Trial record review by reviewing authority.
Section 40.193 - Opinion on general court-martial — drafted by whom — acquittal, limitations.
Section 40.195 - Record returned for reconsideration, when.
Section 40.198 - Rehearing limitations — dismissal of charges, when.
Section 40.200 - Sentence, approval by convening authority — powers.
Section 40.205 - Record of trial examined by judge advocate — board of review to review, when.
Section 40.208 - Boards of review — appointment — membership — qualifications — powers and duties.
Section 40.218 - Probationer, violations — hearing, rights of probationer to counsel — procedure.
Section 40.220 - New trial, petition by accused when, grounds — time limitation.
Section 40.231 - Appeals from final decisions, how made.
Section 40.234 - Duty status required for conviction on certain offenses.
Section 40.237 - Principal in actions defined.
Section 40.240 - Assists offender, how punished.
Section 40.245 - Attempt to commit offense may be part of offense.
Section 40.250 - Attempt to commit offense even though failing in commission is offense, when.
Section 40.255 - Conspirators, deemed to have committed offense, when.
Section 40.273 - Desertion, defined — punishment by court-martial.
Section 40.276 - Absent from place of duty — court-martial.
Section 40.278 - Missing ship, aircraft or unit — court-martial.
Section 40.280 - Contemptuous words, used against certain officials — court-martial.
Section 40.285 - Disrespect to superior commissioned officer — court-martial.
Section 40.290 - Violence or willfully disobeying command of superior commissioned officer.
Section 40.300 - Orders — failure or dereliction in obeying — court-martial.
Section 40.305 - Cruelty or maltreatment of persons subject to his orders — court-martial.
Section 40.310 - Arrest, resists or breaks — escape from confinement — court-martial.
Section 40.312 - Escape by neglect or improper release of prisoners — court-martial.
Section 40.315 - False apprehension, arrest, confinement — court-martial.
Section 40.320 - Delay in case — failure to enforce regulation of proceedings — court-martial.
Section 40.325 - Hostile force, in presence of, commits certain offenses — court-martial.
Section 40.335 - Forcing a safeguard, court-martial.
Section 40.350 - Hostile forces, aid — court-martial.
Section 40.355 - Hostile forces, capture — conduct improper — court-martial.
Section 40.360 - Signs official documents with intent to deceive — court-martial.
Section 40.365 - Military property — sells, neglects, damages, destroys, loses — court-martial.
Section 40.370 - Property, not military — willfully, recklessly wastes or spoils — court-martial.
Section 40.385 - Fighting — promoting a fight or duel, failure to report — court-martial.
Section 40.387 - Avoiding work, duty or service — court-martial.
Section 40.390 - Riot or breach of the peace, causing or participating — court-martial.
Section 40.395 - Provocative gestures or words, constituting a threat of violence — court-martial.
Section 40.405 - Larceny or wrongful appropriation of property — court-martial.
Section 40.408 - Officer's conduct, unbecoming to an officer and a gentleman — court-martial.
Section 40.415 - Military property, purchasing or receiving in pawn or pledge — court-martial.
Section 40.425 - Oaths, persons having authority to administer.
Section 40.435 - Complaints against commanding officer, procedure.
Section 40.440 - Property of person damaged or taken, board convened to investigate, procedure.
Section 40.450 - Process or mandates, authority to issue.
Section 40.455 - Fines and costs imposed by military court, how paid.
Section 40.460 - Civilian officers to execute required duties, failure to perform, penalty.
Section 40.465 - Actions against convening authority or member of court, prohibited, when.
Section 40.470 - Jurisdiction presumed, burden of proof.
Section 40.475 - Governor's powers to delegate authority — exception.