Continued from Part 2 -- Nonjudicial Punishment Rights
The maximum imposable punishment in any Article 15, UCMJ, case is limited by several factors.
The grade of the imposing officer.Commanding officers in grades O-4 to O-6 have greater punishment powers than officers in grades O-1 to O-3; flag officers, general officers, and officers exercising general court-martial jurisdiction have greater punishment authority than commanding officers in grades O-4 to O-6.
The status of the imposing officer. Is he a commanding officer or officer in charge? Regardless of the rank of an officer in charge, his punishment power is limited to that of a commanding officer in grade O-1 to O-3; the punishment powers of a commanding officer are commensurate with his permanent grade.
The status of the accused. Punishment authority is also limited by the status of the accused. Is he an officer or an enlisted person? If enlisted, what is his/her rank/rate?
The nature of the command. Is it a shore command or is the accused attached to or embarked in a vessel?
The maximum punishment limitations discussed below apply to each NJP action and not to each offense. Note, also, there exists a policy that all known offenses of which the accused is suspected should ordinarily be considered at a single article 15 hearing.
Maximum Limits -- Specific
Officer accused. If punishment is imposed by officers in the following grades, the limits are as indicated below.
By officer exercising general court-martial jurisdiction or a flag/general officer in command, or designated principal assistant:
(1) Punitive admonition or reprimand.
(2) Arrest in quarters: not more than 30 days.
(3) Restriction to limits: not more than 60 days.
(4) Forfeiture of pay: not more than 1/2 of one month's pay per month for two months.
By officers O-4 to O-6:
(1) Admonition or reprimand.
(2) Restriction: not more than 30 days.
By officers O-1 to O-3:
(1) Admonition or reprimand.
(2) Restriction: not more than 15 days.
By officer in charge: none (Only a "Commanding Officer" can impose article 15 punishment on an officer).
Enlisted Accused
By commanding officers in grades O-4 and above
(1) Admonition or reprimand.
(2) Confinement on bread and water/diminished rations: imposable only on grades E-3 and below, attached to or embarked in a vessel, for not more than 3 days (USN and USMC only).
(3) Correctional custody: not more than 30 days.
(4) Forfeiture: not more than 1/2 of one month's pay per month for two months.
(5) Reduction: one grade, not imposable on E-7 and above (Navy, Army, and Air Force) or on E-6 and above (Marine Corps).
(6) Extra duties: not more than 45 days.
(7) Restriction: not more than 60 days.
By commanding officers in grades O-3 and below or any commissioned officer in charge (Marine Corps and Navy Only)
(1) Admonition or reprimand.
(2) Confinement on bread and water / diminished rations: not more than 3 days and only on grades E-3 and below attached to or embarked in a vessel (USN and USMC only).
(3) Correctional custody: not more than 7 days.
(4) Forfeiture: not more than 7 days' pay.
(5) Reduction: to next inferior pay grade; not imposable on E-7 and above (Navy, Army, and Air Force) or E-6 and above (Marine Corps), if rank from which demoted is within the promotion authority of the OIC.
(6) Extra duties: not more than 14 days.
(7) Restriction: not more than 14 days.
