
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC815]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                 SUBCHAPTER III--NON-JUDICIAL PUNISHMENT
 
Sec. 815. Art. 15. Commanding officer's non-judicial punishment

    (a) Under such regulations as the President may prescribe, and under 
such additional regulations as may be prescribed by the Secretary 
concerned, limitations may be placed on the powers granted by this 
article with respect to the kind and amount of punishment authorized, 
the categories of commanding officers and warrant officers exercising 
command authorized to exercise those powers, the applicability of this 
article to an accused who demands trial by court-martial, and the kinds 
of courts-martial to which the case may be referred upon such a demand. 
However, except in the case of a member attached to or embarked in a 
vessel, punishment may not be imposed upon any member of the armed 
forces under this article if the member has, before the imposition of 
such punishment, demanded trial by court-martial in lieu of such 
punishment. Under similar regulations, rules may be prescribed with 
respect to the suspension of punishments authorized hereunder. If 
authorized by regulations of the Secretary concerned, a commanding 
officer exercising general court-martial jurisdiction or an officer or 
general or flag rank in command may delegate his powers under this 
article to a principal assistant.
    (b) Subject to subsection (a), any commanding officer may, in 
addition to or in lieu of admonition or reprimand, impose one or more of 
the following disciplinary punishments for minor offenses without the 
intervention of a court-martial--
        (1) upon officers of his command--
            (A) restriction to certain specified limits, with or without 
        suspension from duty, for not more than 30 consecutive days;
            (B) if imposed by an officer exercising general court-
        martial jurisdiction or an officer of general or flag rank in 
        command--
                (i) arrest in quarters for not more than 30 consecutive 
            days;
                (ii) forfeiture of not more than one-half of one month's 
            pay per month for two months;
                (iii) restriction to certain specified limits, with or 
            without suspension from duty, for not more than 60 
            consecutive days;
                (iv) detention of not more than one-half of one month's 
            pay per month for three months;

        (2) upon other personnel of his command--
            (A) if imposed upon a person attached to or embarked in a 
        vessel, confinement on bread and water or diminished rations for 
        not more than three consecutive days;
            (B) correctional custody for not more than seven consecutive 
        days;
            (C) forfeiture of not more than seven days' pay;
            (D) reduction to the next inferior pay grade, if the grade 
        from which demoted is within the promotion authority of the 
        officer imposing the reduction or any officer subordinate to the 
        one who imposes the reduction;
            (E) extra duties, including fatigue or other duties, for not 
        more than 14 consecutive days;
            (F) restriction to certain specified limits, with or without 
        suspension from duty, for not more than 14 consecutive days;
            (G) detention of not more than 14 days' pay;
            (H) if imposed by an officer of the grade of major or 
        lieutenant commander, or above--
                (i) the punishment authorized under clause (A);
                (ii) correctional custody for not more than 30 
            consecutive days;
                (iii) forfeiture of not more than one-half of one 
            month's pay per month for two months;
                (iv) reduction to the lowest or any intermediate pay 
            grade, if the grade from which demoted is within the 
            promotion authority of the officer imposing the reduction or 
            any officer subordinate to the one who imposes the 
            reduction, but an enlisted member in a pay grade above E-4 
            may not be reduced more than two pay grades;
                (v) extra duties, including fatigue or other duties, for 
            not more than 45 consecutive days;
                (vi) restrictions to certain specified limits, with or 
            without suspension from duty, for not more than 60 
            consecutive days;
                (vii) detention of not more than one-half of one month's 
            pay per month for three months.

Detention of pay shall be for a stated period of not more than one year 
but if the offender's term of service expires earlier, the detention 
shall terminate upon that expiration. No two or more of the punishments 
of arrest in quarters, confinement on bread and water or diminished 
rations, correctional custody, extra duties, and restriction may be 
combined to run consecutively in the maximum amount imposable for each. 
Whenever any of those punishments are combined to run consecutively, 
there must be an apportionment. In addition, forfeiture of pay may not 
be combined with detention of pay without an apportionment. For the 
purposes of this subsection, ``correctional custody'' is the physical 
restraint of a person during duty or nonduty hours and may include extra 
duties, fatigue duties, or hard labor. If practicable, correctional 
custody will not be served in immediate association with persons 
awaiting trial or held in confinement pursuant to trial by court-
martial.
    (c) An officer in charge may impose upon enlisted members assigned 
to the unit of which he is in charge such of the punishments authorized 
under subsection (b)(2)(A)-(G) as the Secretary concerned may 
specifically prescribe by regulation.
    (d) The officer who imposes the punishment authorized in subsection 
(b), or his successor in command, may, at any time, suspend 
probationally any part or amount of the unexecuted punishment imposed 
and may suspend probationally a reduction in grade or a forfeiture 
imposed under subsection (b), whether or not executed. In addition, he 
may, at any time, remit or mitigate any part or amount of the unexecuted 
punishment imposed and may set aside in whole or in part the punishment, 
whether executed or unexecuted, and restore all rights, privileges, and 
property affected. He may also mitigate reduction in grade to forfeiture 
or detention of pay. When mitigating--
        (1) arrest in quarters to restriction;
        (2) confinement on bread and water or diminished rations to 
    correctional custody;
        (3) correctional custody or confinement on bread and water or 
    diminished rations to extra duties or restriction, or both; or
        (4) extra duties to restriction;

the mitigated punishment shall not be for a greater period than the 
punishment mitigated. When mitigating forfeiture of pay to detention of 
pay, the amount of the detention shall not be greater than the amount of 
the forfeiture. When mitigating reduction in grade to forfeiture or 
detention of pay, the amount of the forfeiture of detention shall not be 
greater than the amount that could have been imposed initially under 
this article by the officer who imposed the punishment mitigated.
    (e) A person punished under this article 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 superior 
authority may exercise the same powers with respect to the punishment 
imposed as may be exercised under subsection (d) by the officer who 
imposed the punishment. Before acting on an appeal from a punishment 
of--
        (1) arrest in quarters for more than seven days;
        (2) correctional custody for more than seven days;
        (3) forfeiture of more than seven days' pay;
        (4) reduction of one or more pay grades from the fourth or a 
    higher pay grade;
        (5) extra duties for more than 14 days;
        (6) restriction for more than 14 days; or
        (7) detention of more than 14 days' pay;

the authority who is to act on the appeal shall refer the case to a 
judge advocate or a lawyer of the Department of Transportation for 
consideration and advice, and may so refer the case upon appeal from any 
punishment imposed under subsection (b).
    (f) The imposition and enforcement of disciplinary punishment under 
this article 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 article; 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.
    (g) The Secretary concerned may, by regulation, prescribe the form 
of records to be kept of proceedings under this article and may also 
prescribe that certain categories of those proceedings shall be in 
writing.

(Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 87-648, Sec. 1, Sept. 7, 
1962, 76 Stat. 447; Pub. L. 90-179, Sec. 1(4), Dec. 8, 1967, 81 Stat. 
545; Pub. L. 90-623, Sec. 2(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 
98-209, Secs. 2(c), 13(b), Dec. 6, 1983, 97 Stat. 1393, 1408.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
815(a)................................  50:571(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
815(b)................................  50:571(b).                            1
5), 64 Stat. 112.
815(c)................................  50:571(c).
815(d)................................  50:571(d).
815(e)................................  50:571(e).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``not more than'' are substituted for 
the words ``a period not to exceed'', ``not to exceed'', and ``a period 
not exceeding''.
    In subsection (a)(1), the words ``and warrant officers'' are 
omitted, since the word ``officer'', as defined in section 101(14) of 
this title, includes warrant officers.
    In clause (1)(C), the words ``one month's pay'' are substituted for 
the words ``his pay per month for a period not exceeding one month''.
    In subsection (b), the words ``Secretary concerned'' are substituted 
for the words ``Secretary of a Department''.
    In subsection (c), the word ``subsections'' is substituted for the 
word ``subdivisions''. The words ``enlisted members'' are substituted 
for the words ``enlisted persons''.
    In subsections (d) and (e), the words ``authority of'' are omitted 
as surplusage.
    In subsection (d), the word ``considers'' is substituted for the 
word ``deems''. The word ``may'' is substituted for the words ``shall 
have power to * * * to''.
    In subsection (e), the words ``is not'' are substituted for the 
words ``shall not be''.


                               Amendments

    1983--Pub. L. 98-209, Sec. 13(b)(1), substituted ``non-judicial'' 
for ``nonjudicial'' in section catchline.
    Subsec. (b). Pub. L. 98-209, Sec. 13(b)(2)(A), struck out ``of this 
section'' after ``subsection (a)'' in provisions preceding par. (1).
    Subsec. (b)(2)(H)(i). Pub. L. 98-209, Sec. 13(b)(2)(B), substituted 
``clause (A)'' for ``subsection (b)(2)(A)''.
    Subsec. (e). Pub. L. 98-209, Sec. 2(c), substituted ``or a lawyer of 
the'' for ``of the Army, Navy, Air Force, or Marine Corps, or a law 
specialist or lawyer of the Coast Guard or''.
    1968--Subsec. (e). Pub. L. 90-623 substituted ``or a law specialist 
or lawyer of the Coast Guard or Department of Transportation'' for ``or 
a law specialist or lawyer of the Marine Corps, Coast Guard, or Treasury 
Department''.
    1967--Subsec. (e). Pub. L. 90-179 inserted reference to judge 
advocate of the Marine Corps and substituted reference to judge advocate 
of the Navy for reference to law specialist of the Navy.
    1962--Subsec. (a). Pub. L. 87-648 redesignated former subsec. (b) as 
(a), inserted references to such regulations as the President may 
prescribe, permitted limitations to be placed on the categories of 
warrant officers exercising command authorized to exercise powers under 
this article, and on the kinds of courts-martial to which a case may be 
referred upon demand therefor, promulgation of regulations prescribing 
rules with respect to the suspension of punishment authorized by this 
article, and the delegation of powers to a principal assistant by a 
commanding officer exercising general court-martial jurisdiction or an 
officer of general or flag rank in command, if so authorized by the 
Secretary's regulations, and prohibited, except for members attached to 
or embarked in a vessel, imposition of punishment under this article on 
any member of the armed forces who, before imposition of such 
punishment, demands trial by court-martial. Former subsec. (a) 
redesignated (b).
    Subsec. (b). Pub. L. 87-648 redesignated former subsec. (a) as (b), 
enlarged authority of commanding officers to impose punishment upon 
officers by increasing the number of days restriction from not more than 
14 to not more than 30 days, and the number of months one-half of one 
month's pay may be ordered forfeited by an officer exercising general 
court-martial jurisdiction from one to two months, empowering officers 
exercising general court-martial jurisdiction and officers of general or 
flag rank in command to impose arrest in quarters for not more than 30 
consecutive days, restriction, with or without suspension from duty, for 
not more than 60 consecutive days, and detention of not more than one-
half of one month's pay per month for three months, and officers of 
general or flag rank in command to order forfeiture of not more than 
one-half of one month's pay per month for two months, and the authority 
of commanding officers to impose punishment upon other personnel of his 
command to permit correctional custody for not more than seven 
consecutive days, forfeiture of not more than seven days' pay, and 
detention of not more than 14 days' pay, empowered officers of the grade 
of major or lieutenant commander, or above, to impose the punishments 
prescribed in clauses (i) to (vii) of subpar. (2) (H) upon personnel of 
his command other than officers, changed provisions which permitted 
reduction to next inferior grade, if the grade from which demoted was 
established by the command or an equivalent or lower command to permit 
reduction to the next inferior pay grade, if the grade from which 
demoted is within the promotion authority of the officer imposing the 
reduction or any officer subordinate to the one who imposes the 
reduction, and provisions which permitted extra duties for not more than 
two consecutive weeks, and not more than two hours per day, holidays 
included, to authorize extra duties, including fatigue or other duties, 
for not more than 14 consecutive days, inserted provisions limiting 
detention of pay for a stated period of not more than one year, 
prohibiting two or more of the punishments of arrest in quarters, 
confinement on bread and water or diminished rations, correctional 
custody, extra duties, and restriction to be combined to run 
consecutively in the maximum amount imposable for each, combining of 
forfeiture of pay with detention without an apportionment, and service 
of correctional custody, if practicable, in immediate association with 
persons awaiting trial or held in confinement pursuant to court-martial, 
requiring apportionment of punishments combined to run consecutively, 
and in those cases where forfeiture of pay is combined with detention of 
pay, defining ``correctional custody'', and struck out provisions which 
permitted withholding of privileges of officers and other personnel for 
not more than two consecutive weeks and which authorized confinement for 
not more than seven consecutive days if imposed upon a person attached 
to or embarked in a vessel. Former subsec. (b) redesignated (a).
    Subsec. (c). Pub. L. 87-648 substituted ``under subsection 
(b)(2)(A)-(G) as the Secretary concerned may specifically prescribe by 
regulation'' for ``to be imposed by commanding officers as the Secretary 
concerned may by regulation specifically prescribe, as provided in 
subsections (a) and (b),'' and deleted ``for minor offenses'' after ``an 
officer in charge may''.
    Subsecs. (d), (e). Pub. L. 87-648 added subsec. (d), redesignated 
former subsec. (d) as (e), inserted provisions requiring the authority 
who is to act on an appeal from any of the seven enumerated punishments 
to refer the case to a judge advocate of the Army or Air Force, a law 
specialist of the Navy, or a law specialist or lawyer of the Marine 
Corps, Coast Guard, or Treasury Department for advice, and authorizing 
such referral of any case on appeal from punishments under subsec. (b) 
of this section, and substituted ``The superior authority may exercise 
the same powers with respect to the punishment imposed as may be 
exercised under subsection (d) by the officer who imposed the 
punishment'' for ``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.'' Former subsec. (e) redesignated (f).
    Subsecs. (f), (g). Pub. L. 87-648 redesignated former subsec. (e) as 
(f) and added subsec. (g).


                    Effective Date of 1983 Amendment

    Amendment by section 13(b) of Pub. L. 98-209 effective Dec. 6, 1983, 
and amendment by section 2(c) of Pub. L. 98-209 effective first day of 
eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) 
of Pub. L. 98-209, set out as a note under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-623 intended to restate without substantive 
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government 
Organization and Employees.


                    Effective Date of 1962 Amendment

    Section 2 of Pub. L. 87-648 provided that: ``This Act [amending this 
section] becomes effective on the first day of the fifth month following 
the month in which it is enacted [September 1962].''

                  Section Referred to in Other Sections

    This section is referred to in sections 802, 843, 937, 2772 of this 
title.
