2023 New York Laws › MIL - Military › Article 7 - Code of Military Justice › Part 3 - Non-Judicial Punishment › 130.15 - Commanding Officer's Non-Judicial Punishment.

§ 130.15. Commanding  officer's  non-judicial  punishment.   (a) Under
such regulations  as  may  be  issued  pursuant  to  this  chapter,  any
commanding  officer  may,  in  addition  to  or in lieu of admonition or
reprimand, impose one of  the  following  disciplinary  punishments  for
minor offenses without the intervention of a court-martial---
(1) upon officers and warrant officers of his command:
(A)  withholding  of  privileges  for  a  period  not  to  exceed  two
consecutive weeks; or
(B)  restriction  to  certain  specified  limits,  with   or   without
suspension  from duty, for a period not to exceed two consecutive weeks;
or
(C) if imposed by the governor, the commanding officer of a  force  of
the  organized  militia, an officer of general or flag rank in command a
fine not exceeding two hundred dollars;
(2) upon other military personnel of his command:
(A)  withholding  of  privileges  for  a  period  not  to  exceed  two
consecutive weeks; or
(B)   restriction   to  certain  specified  limits,  with  or  without
suspension from duty, for a period not to exceed two consecutive  weeks;
or
(C) extra duties for a period not to exceed two consecutive weeks, and
not to exceed two hours per day, holidays included; or
(D)  reduction  to next inferior grade if the grade from which demoted
was established by the command or an equivalent or lower command; or
(E) if imposed upon a person attached to  or  embarked  in  a  vessel,
confinement for a period not to exceed seven consecutive days; or
(F) a fine not exceeding one hundred fifty dollars.
(b)  Under such regulations as may be issued pursuant to this chapter,
limitations may be placed on the powers granted  by  this  section  with
respect  to the kind and amount of punishment authorized, the categories
of commanding officers authorized  to  exercise  such  powers,  and  the
applicability  of  this  section  to an accused on active state duty who
demands trial by a court-martial.  Under similar regulations, rules  may
be  prescribed  with respect to the suspension of punishments authorized
hereunder. Under such regulations as may  be  issued  pursuant  to  this
chapter,  an officer of general or flag rank in command may delegate his
powers under this section to a principal assistant.
(c) An officer in charge may, for minor offenses, impose  on  enlisted
persons  assigned  to  the  unit  of  which he is in charge, such of the
punishments authorized to be imposed by commanding officers  as  may  be
specifically prescribed by regulations issued pursuant to this chapter.
(d)  A  person  punished under authority of this section who deems his
punishment 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 adjudged. The officer who
imposes the punishment, his successor in command, and superior authority
shall  have  power to suspend, set aside, or remit any part or amount of
the punishment and  to  restore  all  rights,  privileges  and  property
affected.
(e)  The  imposition  and enforcement of disciplinary punishment under
authority of this section for any act or omission shall not be 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 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 measure of punishment to be adjudged in the event  of
a finding of guilty.
(f)  The  adjutant  general  may, by regulation, prescribe the form of
records to be kept of  proceedings  under  this  section  and  may  also
prescribe  that  certain  categories  of  those  proceedings shall be in
writing.