A. The rules and procedures for the imposition of nonjudicial punishment shall be as prescribed in Article 15, Uniform Code of Military Justice and in the Manual for Courts-Martial, United States, 1984, Part V, except as stated to the contrary in Subsection D of Section 20-12-4 NMSA 1978 and as follows in this section.
B. Cognizance of and punishment for unexcused absence from unit training assembly, drill or annual training at the prescribed times by an enlisted member following a first such offense with documented warning may be punished nonjudicially as follows:
(1) the accused's unit commander shall inform the accused of his intent to impose the punishment prescribed herein by personal service or by certified United States mail, return receipt requested, to the accused's last address of military record;
(2) the accused may not refuse nonjudicial punishment or demand trial by court-martial but may submit matters in defense, extenuation or mitigation, may request a hearing before the commander and may appeal the punishment imposed; and
(3) the punishment imposed shall be limited to a reduction of one grade or a suspended reduction of one grade. If the punishment is suspended, the suspension may be vacated and the punishment ordered executed by personal service or by certified United States mail, return receipt requested, to the accused's last known address of military record.
C. In any nonjudicial punishment action, a fine may be substituted for the equivalent forfeiture.
History: 1978 Comp., § 20-12-11, enacted by Laws 1987, ch. 318, § 96; 1989, ch. 337, § 11.
Cross references. — For Article 15 of the Uniform Code of Military Justice, see 10 U.S.C. § 815.
The 1989 amendment, effective June 16, 1989, in Subsection B, added the second sentence in Paragraph (3); and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military and Civil Defense §§ 257, 258, 259.
6 C.J.S. Armed Services §§ 295, 298.
Structure New Mexico Statutes
Article 12 - Code of Military Justice
Section 20-12-1 - Short title.
Section 20-12-3 - Persons subject to the code; applicability of the code.
Section 20-12-4 - Convening authorities; nonjudicial punishment authorities.
Section 20-12-5 - Judge advocates.
Section 20-12-6 - Limitation on punishments.
Section 20-12-7 - Advice; reviews and appeals; extraordinary writs.
Section 20-12-8 - Confinement.
Section 20-12-9 - Reductions in grade.
Section 20-12-10 - Forfeitures or fines.
Section 20-12-11 - Nonjudicial punishment.
Section 20-12-12 - Absence without leave; confinement during period of duty.
Section 20-12-13 - Accessory after the fact.
Section 20-12-14 - Conviction of lesser included offense.
Section 20-12-16 - Conspiracy.
Section 20-12-17 - Solicitation.
Section 20-12-18 - Fraudulent enlistment, appointment or separation.
Section 20-12-19 - Unlawful enlistment, appointment or separation.
Section 20-12-21 - Absence without leave.
Section 20-12-22 - Missing movement.
Section 20-12-23 - Contempt toward officials.
Section 20-12-24 - Disrespect toward superior commissioned officer.
Section 20-12-25 - Assaulting or willfully disobeying superior commissioned officer.
Section 20-12-27 - Failure to obey order or regulation.
Section 20-12-28 - Cruelty and maltreatment.
Section 20-12-29 - Mutiny or sedition.
Section 20-12-30 - Resistance, breach of arrest and escape.
Section 20-12-31 - Releasing prisoner without proper authority.
Section 20-12-32 - Unlawful detention.
Section 20-12-33 - Noncompliance with procedural rules.
Section 20-12-34 - Misbehavior before the enemy.
Section 20-12-35 - Subordinate compelling surrender.
Section 20-12-36 - Improper use of countersign.
Section 20-12-37 - Forcing a safeguard.
Section 20-12-38 - Captured or abandoned property.
Section 20-12-39 - Aiding the enemy.
Section 20-12-40 - Misconduct as prisoner.
Section 20-12-43 - False official statements.
Section 20-12-46 - Improper hazarding of vessel.
Section 20-12-47 - Drunken or reckless driving.
Section 20-12-48 - Drunk on duty.
Section 20-12-50 - Manslaughter.
Section 20-12-51 - Rape and other sex crimes.
Section 20-12-52 - Larceny and wrongful appropriation.
Section 20-12-55 - Making, drawing or uttering check, draft or order without sufficient funds.
Section 20-12-62 - Housebreaking.
Section 20-12-64 - Frauds against the United States.
Section 20-12-65 - Conduct unbecoming an officer and a gentleman.
Section 20-12-66 - Wrongful use and possession of controlled substances.
Section 20-12-67 - Misbehavior of sentinel.
Section 20-12-69 - Malingering.
Section 20-12-70 - Riot or breach of peace.
Section 20-12-71 - Provoking speeches or gestures.
Section 20-12-72 - Principals.
Section 20-12-73 - General article.
Section 20-12-75 - Wearing unauthorized insignia, decoration, badge, ribbon, device or lapel button.