N.Y. MIL Law § 130.15 — New York Code / Act MIL / Article 7 / Part 3 / Section 130.15
Commanding officer's non-judicial punishment
Status: in_force

§ 130.15. Commanding officer's non-judicial punishment.  (a) Under\nsuch regulations as may be issued pursuant to this chapter, any\ncommanding officer may, in addition to or in lieu of admonition or\nreprimand, impose one of the following disciplinary punishments for\nminor offenses without the intervention of a court-martial---\n  (1) upon officers and warrant officers of his command:\n  (A) withholding of privileges for a period not to exceed two\nconsecutive weeks; or\n  (B) restriction to certain specified limits, with or without\nsuspension from duty, for a period not to exceed two consecutive weeks;\nor\n  (C) if imposed by the governor, the commanding officer of a force of\nthe organized militia, an officer of general or flag rank in command a\nfine not exceeding two hundred dollars;\n  (2) upon other military personnel of his command:\n  (A) withholding of privileges for a period not to exceed two\nconsecutive weeks; or\n  (B) restriction to certain specified limits, with or without\nsuspension from duty, for a period not to exceed two consecutive weeks;\nor\n  (C) extra duties for a period not to exceed two consecutive weeks, and\nnot to exceed two hours per day, holidays included; or\n  (D) reduction to next inferior grade if the grade from which demoted\nwas established by the command or an equivalent or lower command; or\n  (E) if imposed upon a person attached to or embarked in a vessel,\nconfinement for a period not to exceed seven consecutive days; or\n  (F) a fine not exceeding one hundred fifty dollars.\n  (b) Under such regulations as may be issued pursuant to this chapter,\nlimitations may be placed on the powers granted by this section with\nrespect to the kind and amount of punishment authorized, the categories\nof commanding officers authorized to exercise such powers, and the\napplicability of this section to an accused on active state duty who\ndemands trial by a court-martial.  Under similar regulations, rules may\nbe prescribed with respect to the suspension of punishments authorized\nhereunder. Under such regulations as may be issued pursuant to this\nchapter, an officer of general or flag rank in command may delegate his\npowers under this section to a principal assistant.\n  (c) An officer in charge may, for minor offenses, impose on enlisted\npersons assigned to the unit of which he is in charge, such of the\npunishments authorized to be imposed by commanding officers as may be\nspecifically prescribed by regulations issued pursuant to this chapter.\n  (d) A person punished under authority of this section who deems his\npunishment unjust or disproportionate to the offense may, through the\nproper channel, appeal to the next superior authority. The appeal shall\nbe promptly forwarded and decided, but the person punished may in the\nmeantime be required to undergo the punishment adjudged. The officer who\nimposes the punishment, his successor in command, and superior authority\nshall have power to suspend, set aside, or remit any part or amount of\nthe punishment and to restore all rights, privileges and property\naffected.\n  (e) The imposition and enforcement of disciplinary punishment under\nauthority of this section for any act or omission shall not be a bar to\ntrial by court-martial for a serious crime or offense growing out of the\nsame act or omission, and not properly punishable under this section;\nbut the fact that a disciplinary punishment has been enforced may be\nshown by the accused upon trial, and when so shown shall be considered\nin determining the measure of punishment to be adjudged in the event of\na finding of guilty.\n  (f) The adjutant general may, by regulation, prescribe the form of\nrecords to be kept of proceedings under this section and may also\nprescribe that certain categories of those proceedings shall be in\nwriting.\n