K.S.A. § 48-2301 — KS Code / Chapter 48 / Article 23 / Section 48-2301
48-2301 - (KCMJ Art. 15) Commanding officer's nonjudicial punishment.
Status: in_force

48-2301. (KCMJ Art. 15) Commanding officer's nonjudicial punishment. (a) Under such regulations as the governor may prescribe, any commanding officer may impose disciplinary punishments for military offenses under this code.

Only the governor, 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) Any company-grade commanding officer may in addition to or in lieu of admonition or reprimand, after holding a hearing in which the accused is entitled to be present, impose not more than two of the following disciplinary punishments upon enlisted members of the officer's command:

(1) Withholding of privileges for not more than two consecutive weeks;

(2) extra duties for not more than two consecutive weeks and not to exceed two hours per day, holidays included;

(3) the forfeiture of not more than seven days' pay;

(4) a fine of not more than seven days' pay; or

(5) a reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction, but the officer imposing the reduction need not have actual authority to promote the member on whom the reduction is imposed.

(c) Any field-grade commanding officer or an officer of a general or flag rank in command may in addition to or in lieu of admonition or reprimand, after holding a hearing in which the accused is entitled to be present, impose not more than three of the following disciplinary punishments upon enlisted members of the officer's command:

(1) Withholding of privileges for not more than two consecutive weeks;

(2) extra duties for not more than two consecutive weeks but not to exceed two hours per day, holidays included;

(3) the forfeiture of not more than 30 days' pay;

(4) a fine of not more than 30 days' pay; or

(5) a 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 the officer imposing the reduction need not have actual authority to promote the member on whom the reduction is imposed. An enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(d) The governor, the adjutant general or an officer of a general or flag rank in command may in addition to or in lieu of admonition or reprimand, after a hearing in which the accused is entitled to be present, impose any of the following disciplinary punishments upon officers of the officer's command:

(1) Withholding privileges for not more than two consecutive weeks;

(2) the forfeiture of not more than 30 days' pay; and

(3) a fine of not more than 30 days' pay.

(e) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this article.

(f) 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 mitigate:

(1) Reduction in grade to forfeiture of pay; or

(2) extra duties to restriction.

The mitigated punishment shall not be for a greater period 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.

(g) The governor or the adjutant general may, by order or rule, place limitations on the powers granted by this code with respect to the kinds and amount of punishment authorized and the categories of commanding officers authorized to exercise those powers.

(h) Whenever nonjudicial punishment of forfeiture of an amount of pay is imposed under this article, the forfeiture may apply to base pay before any deduction, withholding, assignment or forfeiture due on or after the date that punishment is imposed and to any pay accrued before that date.

(i) 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.

(j) A person subject to punishment under this article has a right to be physically present during any hearing conducted under this article. A person waives the right to be present at a hearing held to adjudicate the charged offenses if the person fails to go to the appointed place of the hearing at the time prescribed after having been properly informed of the charged offenses and scheduled hearing and was given the requisite opportunity to consult with legal counsel. Any hearing conducted under this article by a company-grade commanding officer during which a finding of guilt is made and punishment is adjudged over and above admonition, reprimand or both shall have a written record that includes all real and testimonial evidence and all other supporting documents.