West Virginia Code of State Rules › Agency 141 - Adjutant General › Title 141 - LEGISLATIVE RULE ADJUTANT GENERAL › Series 141-49 - Military Justice › Section 141-49-3 - Nonjudicial Punishment

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Authority. -- Any commander having authority pursuant to Section 15, USCMJ,
				may, for minor offenses without the intervention of a court-martial, impose and
				execute disciplinary punishments as set forth in the WVMCM and Appendix I to
				this regulation.
3.2. Minor
				Offenses. -- Whether an offense is minor depends on several factors: the nature
				of the offense and the circumstances surrounding its commission; the offender's
				age, rank, duty assignment, record and experience; and the maximum possible
				sentence imposed for the offense if tried by general court-martial. The
				decision whether an offense is "minor" is a matter of discretion for the
				commander imposing nonjudicial punishment. But, nonjudicial punishment for an
				offense believed to be minor by a commander is not a bar to a trial by
				court-martial for the same offense. However, the accused may show at trial that
				nonjudicial punishment was imposed, and if the accused does so, this fact must
				be considered in determining an appropriate sentence. Violations of or failures
				to lawfully obey orders may be minor offenses if the prohibited conduct itself
				is of a minor nature although prohibited by a general order or
				regulation.
3.3. Nonpunitive
				Measures. -- Section 15, USCMJ and the provisions set forth herein do not apply
				to, include, or limit the use of those administrative or nonpunitive measures
				that a commander is authorized and expected to use to further the efficiency of
				his command or unit, such as administrative admonitions, reprimands,
				exhortations, disapprovals, criticism, censures, reproofs and rebukes, written
				or oral, not intended or imposed as punishment for a military offense. Section
				15, USCMJ does not deprive a commander of the authority to make use of
				admonition and reprimand, not as a penalty but as a purely corrective measure,
				more analogous to instruction than to punishment, in the strict line of his
				duty to create and maintain efficiency.
3.4. Punishments.
3.4.a. Double Punishment Prohibited. -- When
				nonjudicial punishment has been imposed for an offense, nonjudicial punishment
				may not again be imposed for the same offense. 'Same offense' means an offense
				that was part of a single incident or course of conduct. Administrative action
				can be taken for the same offense and will not be considered double punishment
				under this regulation.
3.4.b.
				Increased Punishment Prohibited. -- Once nonjudicial punishment has been
				imposed, it may not be increased, upon appeal or otherwise unless the
				punishment imposed was not provided for in the Code.
3.4.c. Multiple Punishments Prohibited. --
				When a commander determines that nonjudicial punishment is appropriate for a
				particular service member, all known offenses determined to be appropriate for
				disposition by nonjudicial punishment and ready to be considered at that time,
				including all such offenses arising from a single incident or course of
				conduct, shall ordinarily be considered together, and not made the basis for
				multiple punishments.
3.4.d.
				Statute of Limitations. -- Nonjudicial punishment may not be imposed for
				offenses which were committed more than three (3) years before the date of
				imposition of punishment, unless such three-year limitation is waived by the
				accused in writing or unless the accused has filed an appeal under the
				WVMCM.
3.4.e. Imposition. --
				Nonjudicial punishment imposed under Section 15, WVCMJ will be performed by
				members of the state military forces in and during their duty status, such as
				state active duty, inactive duty training, annual training, fulltime National
				Guard duty or other similar duty statuses, except as to fines and forfeitures,
				and reductions and reprimands, which may be imposed after conclusion of a duty
				status. Punishment which tends to demean the grade or position of the person
				should not be imposed. (See Appendix I).