1998 Minnesota Statutes

     192A.085 Commanding officer's nonjudicial punishment. 

    Subdivision 1.  Under such rules as the governor may 
 prescribe 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 an officer of the command: 

    (a) Withholding of privileges for not more than two 
 consecutive weeks; 

    (b) Restriction to certain specified limits, with or 
 without suspension from duty, for not more than two consecutive 
 weeks; or 

    (c) If imposed by the governor, the commanding officer of a 
 force of the state military forces, or the commanding general of 
 a division, a forfeiture of not more than 15 days pay or a fine 
 in an equivalent amount. 

    (2) Upon other military personnel of the command: 

    (a) Withholding of privileges for not more than two 
 consecutive weeks; 

    (b) Restriction to certain specified limits, with or 
 without suspension from duty, for not more than two consecutive 
 weeks; 

    (c) Extra duties for not more than 14 days, which need not 
 be consecutive, and for not more than two hours per day, 
 holidays included; 

    (d) Reduction to next inferior grade if the grade from 
 which demoted was established by the command or an equivalent or 
 lower command; 

    (e) If imposed upon a person attached to or embarked in a 
 vessel, confinement for not more than seven consecutive days; or 

    (f) A forfeiture of not more than four days pay or a fine 
 in an equivalent amount. 

    Subd. 2.  The governor may, by rule, place limitations on 
 the powers granted by this section with respect to the kind and 
 amount of punishment authorized and the categories of commanding 
 officers authorized to exercise those powers. 

    Subd. 3.  Punishment may not be imposed upon any person 
 subject to this code if such person, before imposition of such 
 punishment, has demanded trial by court-martial in lieu of such 
 punishment, except in the case of a person attached to or 
 embarked on a vessel. 

    Subd. 4.  A person punished under this section who 
 considers the 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 shall not in the meantime be 
 required to undergo the punishment adjudged.  The officer who 
 imposes the punishment, the successor in command, and superior 
 authority may suspend, set aside, or remit any part or amount of 
 the punishment and restore all rights, privileges, and property 
 affected.  Before acting on an appeal from a punishment of a 
 fine or forfeiture of pay or reduction in grade, the authority 
 who is to act on the appeal shall refer the matter to the 
 authority's judge advocate for advice and counsel. 

    Subd. 5.  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. 

    Subd. 6.  Whenever a punishment of forfeiture of pay is 
 imposed under this section, the forfeiture may apply to pay 
 accruing on or after the date that punishment is imposed and to 
 any pay accrued before that date. 

    Subd. 7.  For purposes of this section, "consecutive" means 
 time on active state duty or duty status other than active state 
 duty excluding any intervening period or periods when the person 
 concerned is not on such duty. 

    HIST: 1963 c 661 s 192A.085; 1978 c 552 s 5; 1985 c 248 s 70; 
 1986 c 444