2002 Minnesota Statutes

     192A.085 Commanding officer's nonjudicial punishment. 

    Subdivision 1.    Disciplinary punishments.  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: 

    (i) withholding of privileges for not more than two 
 consecutive weeks; 

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

    (iii) 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: 

    (i) withholding of privileges for not more than two 
 consecutive weeks; 

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

    (iii) extra duties for not more than 14 days, which need 
 not be consecutive, holidays included; 

    (iv) reduction to the next inferior grade by the commander 
 with promotion authority or higher command; or 

    (v) 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.    Demand for court-martial.  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. 

    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.    Related serious offenses.  The imposition 
 and enforcement of disciplinary punishment under this section 
 for any act or omission is not a bar to trial by court-martial 
 or prosecution by civilian authorities for a serious crime or 
 offense growing out of the same act or omission, and not 
 properly punishable under this section.  Whether an offense is 
 serious depends on several factors including, but not limited 
 to, the nature of the offense; the circumstances surrounding its 
 commission; and the defendant's age, rank, duty assignment, 
 records, and experience.  If the soldier declines nonjudicial 
 punishment and the matter is referred to trial by summary 
 court-martial, jurisdiction must be determined pursuant to 
 section 192A.02, subdivision 3, paragraph (a).  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 duty as a member of the state military forces not in 
 federal active service. 

    HIST: 1963 c 661 s 192A.085; 1978 c 552 s 5; 1985 c 248 s 70; 
 1986 c 444; 2002 c 308 s 12-15