An Act to amend section 815 (article 15) of title 10, United States Code, relating to nonjudicial punishment, and for other purposes
PL 87-648 (H.R.11257), enacted 09/07/1962

76 STAT. ] 
PUBLIC LAW 87-648-SEPT. 7, 1962 
(b) The sections or parts thereof of the Statutes at Large enumer-
ated in the following schedule are hereby repealed. 
Rights or liabili-
ties existing on November 1, 1962, under the sections or parts thereof 
repealed are not affected by this repeal: 
447 
Repeals. 
Statutes at large 
Date 
1872—June 8 
1874—Mar. 5 
Chapter 
335 
46 
Section 
15 
Volume 
17 
18 
Page 
287 
19 
United States Code, 
1952 edition 
Title 
5 
5 
Section 
365 
365 
Statutes at large 
Date 
1959—June 23 
July 31 
Aug. 18 
1960—June 11 
J u l y l 
July 1 4 - . 
Public law 
86-56 
86-122 
86-169 
86-507 
86-568 
86-644 
86-673 
86-676 
Section 
2 
3 
1,2 
2 
101 
102 
103 
104 
105 
Volume 
73 
73 
73 
73 
74 
74 
74 
74 
74 
74 
74 
74 
74 
Page 
89 
1268 
2 268 
390 
204 
296 
296 
296 
297 
3 297 
479 
553 
554 
United States Code, 
1952 edition 
Title 
39 
39 
39 
39 
39 
39 
39 
39 
39 
39 
Section 
290a-l. 
991. 
782, 784. 
233. 
971. 
972. 
973. 
981. 
292a. 
259b, 259c. 
1 Only subsec. (b) of sec. 2. 
2 Only subsecs. (b) and (c) of sec. 3. 
3 Only subsecs. (b), (c), and (d) of sec. 105. 
Approved September 7, 1962. 
Public Law 87-647 
AN ACT 
To authorize the Federal Power Commission to exealpt small hydroelectric 
projects from certain of the licensing provisions pf the Federal Power Act. 
September 7, 1962 
[S. 1606] 
Be it enoAited hy the Senate and House of Repi'esentatwes 
of the 
United States of America in Congress assembled^ That subsections 
Federal Power 
(b), (e), and (i) of section 10 of the Federal Power Act, as amended ^"i^ydrolieciric 
(16 U,S.C. 803(b), 803(e), 803(i)), is amended by striking out the p,'oJ«<=t«' "«=««»-
words "one hundred horsepower" in each such subsection and inserting 
in lieu thereof the words "two thousand horsepower". 
Approved September 7, 1962. 
ing. 
49 Stat. 842. 
Public Law 87-648 
A N A C T 
September 7, 1962 
To amend secti(m 815 (article 15) of title 10, United States Code, relating to 
tH- R- 11257] 
nonjudicial punishment, and for other purposes. 
Be It ena-cted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 815 
Armed Forces, 
(article 15) of title 10, United States ('ode, is amended to read as puKmtS.^^ 
f o l l o w s : 
70A Stat.'41. 
448 
PUBUC LAW 87-648-SEPT. 7, 1962 
[76 STAT. 
*'§ 815. Art. 15. Commanding officer's nonjudicial punishment 
"(a) Under such regulations as the President may prescribe, and 
under such additional regulations as may be prescribed by the Secre-
tary concerned, limitations may be placed on the powers granted by 
this article with respect to the kind and amount of punishment author-
ized, the categories of commanding officers and warrant officers exer-
cising 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 of general or flag rank in command may delegate his powers 
under this article to a principal assistant. 
"(b) Subject to subsection (a) of this section, 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 con-
secutive 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; 
76 STAT. ] 
PUBLIC LAW 87-648-SEPT. 7, 1962 
449 
"(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 subsection 
(b)(2)(A); 
"(ii) correctional custody for not more than 30 con-
secutive days; 
"(iii) forfeiture of not more than one-half of one 
month's pay per month for two months; 
i - 
"(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 re-
'^ 
duction or any officer suoordinate 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 
;i ' 
without suspension from duty, for not more than 60 con-
secutive 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 punish-
ments of arrest in quarters, confinement on bread and water or dimin-
ished 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, for-
feiture 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 asso-
ciation 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 con-
cerned may specifically prescribe by regulation. 
"(d) The officer who imposes the punishment authorized in sub-
section (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 for-
feiture 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 mitigat-
ing— 
"^1) arrest in quarters to restriction; 
" (2) confinement on bread and water or diminished rations to 
correctional custody; 
78135 0-63—32 
450 
PUBLIC LAW 87-648-SEPT. 7, 1962 
[76 STAT. 
" (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 de-
tention 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 or 
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 punish-
ment 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 ad-
judged. 
The superior authority may exercise the same powers with 
respect to the punishment imposed as may be exercised under subsec-
tion (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 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 consideration and advice, and may so refer 
the case upon appeal from any punishment imposed under subsec-
tion (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 proceeding's shall be in 
writing." 
Effective date. 
SEO. 2. This Act bccomes effective on the first day of the fifth month 
following the month in which it is enacted. 
Approved September 7, 1962.