New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle L - Division of Military and Naval Affairs › Chapter IV - Military Justice › Part 520 - Air National Guard › Section 520.2 - Types of punishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Admonition.
This is a warning, reminder or reproof given by a commander
					 to an offender to deter repetition of the type of misconduct which resulted in
					 the admonition and to advise him of the consequences that may flow from a
					 recurrence of that misconduct. An admonition may be oral or written and may be
					 included in a reprimand.
(2)
				  Reprimand.
A
reprimand
is the act of formal censure
					 by a commander which reproves or rebukes the offender for his misconduct. It
					 may be oral or written.
(i) Reprimand
				  or admonition may be given administratively as a nonpunitive measure to improve
				  efficiency. For this purpose, the procedures contained in this regulation need
				  not be followed. If, however, the commander elects to impose either a reprimand
				  or an admonition as non-judicial punishment under Military Law, section 130.15,
				  the punishment must be imposed in accordance with the procedures outlined in
				  this regulation.
(3)
				  Withholding of privileges.
This shall only be executed while the offender is in a duty
					 status.
(4) Restriction to
				  certain specified limits.
This shall only be executed while the offender is in a duty
					 status, with or without suspension from performance of duty.
(5) Extra duties:
(i) Shall only be executed while the offender
				  is in a duty status.
(ii) The
				  performance of extra duties shall not exceed two hours per day, and may include
				  holidays.
(iii) Extra duties may
				  include performance of any military duty except duty which:
(a) demeans the grade or position of the
				  offender in type of duty or manner of performance;
(b) constitutes punishment not sanctioned by
				  the customs of the military;
(c)
				  normally is intended as an honor; or
(d) uses the offender as a personal
				  servant.
(iv) An inactive
				  duty period may be extended beyond the normal four hour period to accommodate
				  the performance of the extra duties. (See ML,
				  130.15[a][2][C].)
(6)
				  Confinement.
Confinement is limited to those instances authorized in
					 Military Law, section 130.15(a)(2)(E), and shall only be executed while the
					 offender is in a duty status.
(7) The punishments of withholding of
				  privileges, restrictions to certain specified limits, extra duties and
				  confinement, shall be executed within 60 days after the punishment is
				  imposed.
(8) Fines.
These may apply to pay or allowances as stated in Military
					 Law, section 130.15, subdivisions (a)(1)(C) and (a)(2)(F).
(i) Reduction in grade (herein meaning "pay
				  grade").
(a) Only the commander with the
				  authority to promote to the grade from which demoted may reduce a member in
				  grade. See section
				  520.7 
				  of this Part for reduction of offenders in grades E-7, E-8 and E-9.
(b) An offender may be reduced only one grade
				  in each non-judicial punishment action.