2023 Laws of Puerto Rico › TITLE TWENTY-FIVE - Internal Security (§§ 1 — 3356) › Subtitle 2 - Military Matters (§§ 2001 — 3051s) › PART I - Military Code of Puerto Rico (§§ 2001 — 2929) › Chapter 207 - Military Justice (§§ 2301 — 2788) › Subchapter III - Nonjudicial Punishments (§ 2401) › § 2401 - Commanding officer’s nonjudicial punishment

(a) Pursuant to the regulations that the Governor may promulgate and to the additional regulations that the Adjutant General may prescribe, the powers granted by this section may be limited with respect to the kind and amount of punishment authorized, the categories of commanding officers and warrant officers who exercise command and are authorized to use such powers, the applicability of this section to an accused who demands trial by a court-martial and the kinds of court-martial to which the case may be referred when such demand arises. However, except in the case of a member assigned to or aboard a vessel, no punishment under this section may be imposed upon any member of the Military Forces of Puerto Rico if such member has requested to be tried by a court-martial in lieu of such punishment. Pursuant to similar regulations, rules may be prescribed with regard to the suspension of the punishments herein authorized. If authorized by regulations of the Adjutant General, the commanding officer exercising general court-martial jurisdiction or an officer with the rank of General in command may delegate his powers under this section 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 of the following disciplinary punishments for minor offenses without the intervention of a court-martial:
(1) Upon officers of his command. —
(A) Withholding of privileges for not more than [fifteen] (15) consecutive days.
(B) Restriction to certain specified limits, with or without suspension from duty, for not more than [fifteen] (15) consecutive days.
(C) If imposed by the Governor, an officer with jurisdiction of general court-martial or by an officer with a rank of General:
(i) A fine or forfeiture of pay and allowances of not more than twenty-five dollars ($25).
(2) Upon other personnel. —
(A) Withholding of privileges for not more than two (2) consecutive weeks.
(B) Reduction of one rate of pay, if the grade from which he is demoted is within the authority for the promotion of the officer imposing the reduction or within the authority of a subordinate officer to whom the reduction is imposed.
(C) Extra duty of a punitive nature including fatigue duties or others for not more than fourteen (14) consecutive days and for not more than two (2) hours per day, holidays included.
(D) Restriction to certain specified limits, with or without suspension from duty, during not more than fifteen (15) consecutive days.
(E) If imposed upon a person attached to or embarked on a vessel, confinement for not more than seven (7) consecutive days.
(F) If imposed by an officer with a rank of commander or higher:
(i) A fine or forfeiture of pay and allowances of not more than ten dollars ($10).
(c) An officer in charge may impose on enlisted members assigned to the unit of which he is in charge, such of the punishments authorized under paragraphs (A)—(F) of subsection (b)(2) of this section, as the Adjutant General may prescribe by regulation.
(d) The officer who imposes the punishment authorized under subsection (b), or his successor in command may, at any time, conditionally suspend any part or amount of the punishment imposed but not executed and may conditionally suspend a reduction in grade or forfeiture imposed under subsection (b) of this section, whether or not it has been executed. He may also at any time pardon or abate any part or amount not executed of the punishment imposed and remit in all or in part the punishment, whether or not executed, and restore all rights, privileges and property affected. He may also abate reduction in grade by forfeiture of pay. Upon abating extra duty of a punitive nature to restriction, the abated punishment shall not be for a term greater than the punishment abated. Upon abating reduction through forfeiture, the amount of the forfeiture shall not be greater than the amount that might have been originally imposed under this section by the officer who imposed the punishment to be abated.
(e) A person punished under this section who considers 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 superior authority may exercise the same powers with regard to the punishment imposed as might be exercised under subsection (d) of this section, by the officer who imposed the punishment. Before considering the appeal of a punishment of:
(1) Forfeiture of more than fifteen dollars ($15) of pay and allowances.
(2) Reduction of one rate of pay of the fourth or higher rate of pay.
(3) Additional duties for no more than seven (7) days.
(4) Restriction for more than seven (7) days.
The authority which is to act upon the appeal shall forward the case to the judge advocate for his consideration and advice and may also thus forward the case in appeal from a punishment imposed under subsection (b).
(f) The imposition and enforcement of disciplinary punishment under this section 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 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.
(g) The Adjutant General shall prescribe by regulation the form of the records to be used in the proceedings under this section and may also prescribe that some of those proceedings be kept in writing.
History —June 23, 1969, No. 62, p. 117, § 600; May 19, 1976, No. 44, p. 117, § 12.