2023 Oklahoma Statutes › Title 44. Militia › §44-815. Commanding officer's nonjudicial punishment.

ARTICLE 15. Commanding officer's nonjudicial punishment.
A. Except as provided in subsection B of this section, any commanding officer and, for purposes of this section, any officer in charge, may impose disciplinary punishments for minor offenses arising under the punitive articles of the Oklahoma Uniform Code of Military Justice without the intervention of a court-martial.
B. Any superior commander may limit or withhold the exercise of nonjudicial punishment authority by subordinate commanders, including limiting authority over certain categories of military personnel or offenses. Likewise, individual cases may be reserved by a superior commander. A superior authority may limit or withhold any power that a subordinate might otherwise exercise under this section.
C. Except as provided in subsection L of this section, the Governor or Adjutant General may delegate the powers established under this section to a senior officer who is a member of the state military forces and is also a member of the same force component as the accused.
D. Any commanding officer may impose upon enlisted members of the officer's command:
1. An admonition;
2. A reprimand;
3. The withholding of privileges for not more than six (6) months which need not be consecutive;
4. The forfeiture of pay of not more than seven (7) days' pay;
5. A fine of not more than seven (7) days' pay;
6. 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;
7. Extra duties, including fatigue or other duties, for not more than fourteen (14) days, which need not be consecutive; and
8. Restriction to certain specified limits, with or without suspension from duty, for not more than fourteen (14) days, which need not be consecutive.
E. Any commanding officer of the grade of major or above may impose upon enlisted members of the officer's command:
1. An admonition;
2. A reprimand;
3. The withholding of privileges for not more than six (6) months which need not be consecutive;
4. The forfeiture of not more than one-half (1/2) of one (1) month's pay per month for two (2) months;
5. A fine of not more than one (1) month's pay;
6. 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 shall not be reduced more than two pay grades;
7. Extra duties, including fatigue or other duties, for not more than forty-five (45) days which need not be consecutive; and
8. Restriction to certain specified limits, with or without suspension from duty, for not more than sixty (60) days which need not be consecutive.
F. The Governor, the Adjutant General, or an officer exercising general or special court-martial convening authority may impose:
1. Upon officers of the officer's command:
a.
any punishment authorized in subsection E of this section, except for the punishments provided in paragraphs 6 and 7 of subsection E of this section, and
b.
arrest in quarters for not more than thirty (30) days which need not be consecutive; and
2. Upon enlisted members of the officer's command, any punishment authorized in subsection E of this section.
Admonitions or reprimands given as nonjudicial punishment to commissioned officers and warrant officers shall be administered in writing. In all other cases, unless otherwise prescribed by regulations promulgated by the Adjutant General, such punishments may be administered either orally or in writing.
G. Whenever any punishments are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the longest punishment included in the combination, and there shall be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.
H. Once the commander has determined that nonjudicial punishment is appropriate, the commander shall provide reasonable notice to the member of his or her intent to impose nonjudicial punishment. At the time the commander provides notification as required in this subsection, the member shall be entitled to examine all statements and other evidence that the commander has examined and intends to rely upon as the basis for punishment. The member shall be provided a copy of the documentary evidence unless it is privileged, classified, or otherwise restricted by law, regulation, or instruction. At the time the commander provides notification as required in this subsection, the commander shall also inform the member as to the quantum of punishment potentially to be imposed. While a member undergoing nonjudicial punishment is not entitled to representation by a duly appointed defense counsel, the member may seek legal advice from any judge advocate available for this purpose.
I. The right to demand trial by court-martial in lieu of nonjudicial punishment shall arise only when arrest in quarters or restriction will be considered as punishments. If the commanding officer determines that arrest in quarters or restriction will be considered as punishments, prior to the offer of nonjudicial punishment the accused shall be notified in writing of the right to demand trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters or restriction, the accused shall be notified that there is no right to trial by court-martial in lieu of nonjudicial punishment. Upon notification by the commander or officer in charge of his or her intent to impose nonjudicial punishment that includes arrest in quarters or restriction, the accused shall be afforded a reasonable amount of time to confer with legal counsel and to prepare a response.
J. The officer who imposes the punishment, or his or her 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 may also mitigate:
1. Reduction in grade to forfeiture of pay;
2. Arrest in quarters to restriction; or
3. 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.
K. A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through his or her chain of command, appeal to a senior officer designated by the Adjutant General to adjudicate appeals arising from nonjudicial punishment. A senior officer so designated by the Adjutant General shall be a member of the same component of the state military forces as the accused. An appeal made pursuant to this subsection shall be lodged within fifteen (15) days after the punishment is announced to the accused. The officer exercising appellate authority may, at his or her discretion, extend the deadline for an appeal. The appeal shall be promptly forwarded and decided, and the member shall not be punished until the appeal is decided. The senior officer designated by the Adjutant General as exercising appellate authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection I of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the senior officer exercising appellate authority shall refer the case to a judge advocate for consideration and advice. When a senior officer is designated by the Adjutant General to adjudicate appeals arising from nonjudicial punishment, such designation shall be accomplished in writing and shall be considered a military publication, as defined in Section 801 of this title (Article 1).
L. Except for nonjudicial punishment imposed by the Governor or the Adjutant General, the final appellate authority for nonjudicial punishment imposed within state military forces is the Adjutant General. A person punished under this section whose appeal was previously denied by a senior officer designated to adjudicate appeals may, through his or her chain of command, lodge an additional appeal with the Adjutant General within five (5) days after the appeal is denied. In the event the officer imposing nonjudicial punishment is a senior officer who is also designated to adjudicate appeals arising from nonjudicial punishment, an appeal thereof shall be addressed directly to the Adjutant General. In the event the officer imposing nonjudicial punishment is the Adjutant General, an appeal thereof shall be addressed directly to the Governor. An appeal offered pursuant to this subsection shall be made only in writing. Neither the Governor nor the Adjutant General shall delegate his or her duties as an appellate authority under this subsection.
M. Whenever nonjudicial punishment is imposed under this section:
1. After adjudication and while the punishment is being carried out or while the adjudged punishment is pending before the appellate authority, the commander or officer in charge who imposed the nonjudicial punishment, upon the request of the accused, may:
a.
excuse the accused from attendance at scheduled unit training assemblies, or
b.
arrange for the accused to drill on alternate dates and in alternate locations; or
2. If necessary to maintain good order and discipline within the unit, the commander or officer in charge who imposed the nonjudicial punishment may order the accused to drill on alternate dates and in alternate locations. The order shall be reduced to writing and shall become part of the record of nonjudicial punishment.
N. The imposition and enforcement of disciplinary punishment under this section for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a crime or offense arising out of the same act or omission; but the fact that a disciplinary punishment has been enforced may be demonstrated by the accused upon trial and, when so demonstrated, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding or verdict of guilty. Nonjudicial punishment shall not be imposed for an offense previously tried by a civilian court unless so authorized by regulations promulgated by the Adjutant General.
O. When nonjudicial punishment has been imposed for an offense, punishment shall not again be imposed for the same offense under this section. Once nonjudicial punishment has been imposed, it may not be increased, upon appeal or otherwise. When a commander or officer in charge determines that nonjudicial punishment is appropriate for a particular member, all known offenses determined to be appropriate for disposition by nonjudicial punishment and ready to be considered at that time, including all offenses arising from a single incident or course of conduct, shall be considered together and shall not be made the basis for multiple punishments. This subsection shall in no way restrict the right of a commander to prefer court-martial charges for an offense previously punished under the provisions of this section.
P. In accordance with subsection B of Section 843 of this title (Article 43, subsection B), a person accused of an offense is not liable to be punished under this section if the offense was committed more than two (2) years before the imposition of punishment. Periods in which the accused is absent without authority shall be excluded in computing the period of limitation prescribed in this section.
Q. Whenever a punishment of forfeiture of pay is imposed under this section, the forfeiture shall not apply to pay accruing before the date that punishment is imposed, but only pay accruing on or after the date that punishment is imposed.
R. The Adjutant General may promulgate regulations prescribing the type and form of records to be kept of proceedings conducted pursuant to this section. The Adjutant General may promulgate any other regulations necessary to carry out the provisions of this section.
Added by Laws 2019, c. 408, § 21, eff. Oct. 1, 2019. Amended by Laws 2021, c. 12, § 12, emerg. eff. April 13, 2021.