KRS § 35.070 — KY Code / Title V / Chapter 35 / Section 35.070
35.070 Commanding officer's nonjudicial punishment
Status: in_force

35.070 Commanding officer's nonjudicial punishment.

(1) Under such regulations as prescribed, any commanding officer, and for purposes of

this section, officers-in-charge, may impose disciplinary punishments for minor

offenses without the intervention of a court-martial pursuant to this section. The

Governor, the adjutant general, or an officer of a general or flag rank in command

may delegate the powers under this section to a principal assistant who is a member

of the state military forces.

(2) Any commanding officer may impose upon enlisted members of the officer's

command:

(a) An admonition;

(b) A reprimand;

(c) The withholding of privileges for not more than six (6) months;

(d) The forfeiture of pay of not more than seven (7) days' pay;

(e) A fine of not more than seven (7) days' pay;

(f) 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 or any

officer subordinate to the one who imposes the reduction;

(g) Extra duties, including fatigue or other duties, for not more than fourteen (14)

days, which need not be consecutive; and

(h) Restriction to certain specified limits, with or without suspension from duty,

for not more than fourteen (14) days, which need not be consecutive.

(3) Any commanding officer of the grade of major or lieutenant commander or above

may impose upon enlisted members of the officer's command:

(a) Any punishment authorized in subsection (2)(a), (b), and (c) of this section;

(b) The forfeiture of not more than fourteen (14) days' pay;

(c) A fine of not more than fourteen (14) days' pay;

(d) 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

an enlisted member in a pay grade above E-4 may not be reduced more than

two (2) pay grades;

(e) Extra duties, including fatigue or other duties, for not more than forty-five

(45) days which need not be consecutive; and

(f) Restriction to certain specified limits, with or without suspension from duty,

for not more than sixty (60) days which need not be consecutive.

(4) The Governor, the adjutant general, an officer exercising general court-martial

convening authority, or an officer of a general or flag rank in command may

impose:

(a) Upon officers in the officer's command:

1. Any punishment authorized in paragraph (a), (b), (c), or (f) of subsection

(3) of this section; and

2. Arrest in quarters for not more than thirty (30) days which need not be

consecutive;

(b) Upon enlisted members of the officer's command, any punishment authorized

in subsection (3) of this section.

(5) 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 section.

(6) Prior to the offer of non-judicial punishment, the commanding officer shall

determine whether arrest in quarters, restriction, forfeiture, or fine shall be

considered as punishments. Should the commanding officer determine that the

punishment options may include arrest in quarters, restriction, forfeiture, or fine, the

accused shall be notified of the right to demand a trial by court-martial. Should the

commanding officer determine that the punishment options will not include arrest in

quarters, restriction, forfeiture, or fine, the accused shall be notified that there is no

right to trial by courts-martial in lieu of non-judicial punishment.

(7) The officer who imposes 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:

(a) Reduction in grade to forfeiture of pay;

(b) Arrest in quarters to restriction; or

(c) 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 section by the officer who imposed the punishment mitigated.

(8) A person punished under this section who considers the punishment unjust or

disproportionate to the offense may, through the proper channel, appeal to the next

superior authority within fifteen (15) days after the punishment is either announced

or sent to the accused, as the commander may determine. 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 (7) of this section by the officer who imposed the punishment. Before

acting on an appeal from a punishment, the authority that is to act on the appeal may

refer the case to a judge advocate for consideration and advice.

(9) The imposition and enforcement of disciplinary punishment under this section for

any act or omission is not a bar to trial by court-martial or a civilian court of

competent jurisdiction 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 amount of punishment to

be adjudged in the event of a finding of guilty.

(10) Whenever a punishment of forfeiture of pay is imposed as provided in this section,

the forfeiture may apply to pay accruing before, on, or after the date that punishment

is imposed.

(11) Regulations may prescribe the form of forfeiture of records to be kept of

proceedings under this section and may prescribe that certain categories of those

proceedings shall be in writing.