(a)
(1) Admonition.
This is a warning, reminder or reproof given by a commander
to an offender to deter repetition of the type of misconduct which resulted in
the admonition and to advise him of the consequences that may flow from a
recurrence of that misconduct. An admonition may be oral or written and may be
included in a reprimand.
(2)
Reprimand.
A reprimand is the act of formal censure
by a commander which reproves or rebukes the offender for his misconduct. It
may be oral or written.
(i) Reprimand
or admonition may be given administratively as a nonpunitive measure to improve
efficiency. For this purpose, the procedures contained in this regulation need
not be followed. If, however, the commander elects to impose either a reprimand
or an admonition as non-judicial punishment under Military Law, section 130.15,
the punishment must be imposed in accordance with the procedures outlined in
this regulation.
(3)
Withholding of privileges.
This shall only be executed while the offender is in a duty
status.
(4) Restriction to
certain specified limits.
This shall only be executed while the offender is in a duty
status, with or without suspension from performance of duty.
(5) Extra duties:
(i) Shall only be executed while the offender
is in a duty status.
(ii) The
performance of extra duties shall not exceed two hours per day, and may include
holidays.
(iii) Extra duties may
include performance of any military duty except duty which:
(a) demeans the grade or position of the
offender in type of duty or manner of performance;
(b) constitutes punishment not sanctioned by
the customs of the military;
(c)
normally is intended as an honor; or
(d) uses the offender as a personal
servant.
(iv) An inactive
duty period may be extended beyond the normal four hour period to accommodate
the performance of the extra duties. (See ML,
130.15[a][2][C].)
(6)
Confinement.
Confinement is limited to those instances authorized in
Military Law, section 130.15(a)(2)(E), and shall only be executed while the
offender is in a duty status.
(7) The punishments of withholding of
privileges, restrictions to certain specified limits, extra duties and
confinement, shall be executed within 60 days after the punishment is
imposed.
(8) Fines.
These may apply to pay or allowances as stated in Military
Law, section 130.15, subdivisions (a)(1)(C) and (a)(2)(F).
(i) Reduction in grade (herein meaning "pay
grade").
(a) Only the commander with the
authority to promote to the grade from which demoted may reduce a member in
grade. See section
520.7
of this Part for reduction of offenders in grades E-7, E-8 and E-9.
(b) An offender may be reduced only one grade
in each non-judicial punishment action.
(b)
Limitations on types of punishment.
(1)
In addition to, or in lieu of an admonition or reprimand, only one of the
authorized punishments in Military Law, section 130.15 may be imposed for each
non-judicial punishment action.
(2)
The punishments of confinement, extra duties, or reduction may not be imposed
non-judicially on officers or warrant officers.
(3) Punishments imposed may not be so grossly
disproportionate to the offenses committed, so as to violate fundamental
principles of fairness and justice.
(c)
Suspension, mitigation, remission
and setting aside of punishment.
The commander who imposed non-judicial punishment, his
successor-in-command, and superior authority have the power to thereafter
suspend, vacate or extend a suspension, mitigate, remit or set aside all or any
part or amount of the punishment and to restore all rights, privileges and
property affected.
(1) Suspension of
punishment. This is to postpone application of all, or a portion of a
punishment for a specified probationary period, with the understanding that the
punishment will be automatically remitted at the end of that period if the
offender has not been guilty of further misconduct.
(i) Any authorized punishment may be
suspended.
(ii) The purpose of
suspending punishment is to grant a deserving individual a probationary period
during which he may demonstrate that he is worthy of a "second chance" in that
the offense for which non-judicial punishment was imposed was a temporary lapse
in an otherwise good service record.
(iii) The commander suspending the punishment
must indicate in the correspondence suspending the punishment that the
punishment will automatically terminate at the end of a specified period, or on
a specified date, if the offender has not been guilty of any subsequent offense
punishable under the Military Law committed during the period of
suspension.
(iv) Punishment may not
be suspended for a period longer than the earlier of six calendar months from
the date of suspension, or beyond an enlistment or current term of service.
(a) Notwithstanding anything in this
regulation to the contrary, the period of suspension may be extended by the
commander who suspended the punishment by as many days as an offender is AWOL
from duty during the suspension period, but in no event beyond an enlistment or
current term of service. A day as used herein is any part of a
day in which the offender was required to be in a duty status.
(b) This commander with mail or deliver to
the offender written notice that his suspension period has been extended to a
certain date and the basis therefor. (See DMNA form 1069 (Appendix
L-2[A31]).
(c) All persons who have
received or reviewed the record shall be sent the same notice.
(d) the procedures outlined in this
regulation for notice, certificates of mailing or delivery, matters in
extenuation, appeal or review, need not be followed when a suspension period is
extended.
(e) The mere extension of
a suspension period on a Wing or Group level is not subject to review, except
for legal sufficiency. Such actions shall not be forwarded to HQ
NYANG.
(v) The date of
suspension of a punishment should normally be the date of the imposition of the
punishment which is being suspended, but any part of the punishment which
remains unexecuted may be suspended at any time.
(vi) Reduction in grade or fine may be
suspended whether or not executed, at any time within four months after the
date of imposition.
(a) If a fine has been
executed, is later suspended and the suspension is thereafter automatically
terminated, the money collected must be returned on the termination date, but
without interest.
(2) Mitigation. This is defined as a
reduction in either the quantity or the quality of punishment, and is
appropriate when the offender has demonstrated, subsequent to the imposition of
his punishment, that his conduct merits a reduction in the severity of his
punishment.
(i) Unexecuted portions of
punishment may be mitigated at any time.
(ii) Executed punishments may not be
mitigated, except that an unsuspended reduction may be mitigated so long as the
action is taken within a reasonable time after the punishment has been
executed, normally not more than four months.
(3) Remission is the action whereby any
portion of the unexecuted punishment is cancelled, and is appropriate under the
same circumstances as mitigation.
(i) At any
time before the execution of the punishment is completed, the unexecuted
portion of the punishment may be remitted.
(ii) While a suspended reduction may be
remitted, there can be no remission of an unsuspended reduction since that
punishment is executed at the time it is imposed.
(4) Setting aside. This is an action whereby
the punishment or any part thereof, whether executed or unexecuted, is set
aside and any rights, privileges, and property affected by the imposition of
the punishment are restored.
(i) This action
is used in extreme cases where the facts and circumstances of the original
matter demonstrate that the punishment resulted in a clear injustice to the
offender. Setting aside a punishment in its entirety restores the offender to
the position he was in before the non-judicial punishment action commenced, as
if the action had never existed or the conduct providing the basis for the
action had never occurred.
(5) Any time a suspension occurs after the
date punishment was imposed, a suspension period has automatically terminated,
or a punishment has been mitigated, remitted or set aside, at the Wing or Group
level, the responsible commander shall, by letter, inform the commander, NYANG
of same, specifying the name and unit of the offender, the punishment date and
the date and nature of the remedial action taken.
(d)
Effective date of
punishment.
(1) The effective date of
an unsuspended punishment is the date the punishment is imposed. The effective
date of a suspended punishment is the date of the suspension.
(i) Although a punishment may be imposed and
suspended on the same date, sequentially punishment must come first.
(ii) When a reduction is suspended, the
offender is entitled to pay in the grade held immediately before the reduction,
effective as of the date of suspension.
(2) The effective date of a vacated
suspension is the date of vacation. If a suspended reduction is vacated, the
offender receives pay in the grade to which reduced when the punishment was
imposed, effective on the date of vacation.
(3) The effective date of a mitigated
punishment is the date of mitigation. If a reduction is mitigated, the offender
is entitled to pay in the restored grade affective as of the date of
mitigation.
(4) The effect of
remitting or setting aside punishment is to cancel it effective as of the date
punishment was imposed. If a reduction has been remitted or set aside, the
offender is entitled to pay in the grade held immediately before the reduction,
effective as of the date of imposition of punishment.
(e)
Date of rank.
(1) If the reduction is unsuspended, the date
of rank in the reduced grade is the date the punishment was imposed.
(2) If the reduction is suspended, remitted,
or set aside, the date of rank in the grade held before the reduction remains
unchanged.
(3) If the reduction is
mitigated, the date of rank in the restored grade is the date of the
indorsement mitigating the punishment.
(4) If a suspended reduction is vacated, the
date of rank in the grade to which reduced before the suspension, is the date
the original reduction was imposed.