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Limits of Punishments under UCMJ, Article 15
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Legalman 3 & 2 - Navy Lawyer / Jag training guide manuals
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Nature of Punishment
AUTHORIZED  PUNISHMENTS If the CO is convinced by the evidence that the accused is guilty of the offense(s) and he or she deems punishment  is  proper,  the  CO  has  wide  latitude  to impose punishment. There are, however, limitations that are placed on the CO based upon his or her rank and the status of the accused. LIMITATIONS The maximum imposable punishment in any Arti- cle 15, UCMJ, case is limited by several factors that include  the  following: .  The  grade  of  the  imposing  officer—COs  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  OEGCMJs  have  greater  punishment authority than COs in grades O-4 to O-6. . The status of the imposing officer—regardless of the rank of an OIC, his or her punishment power is limited  to  that  of  a  CO  in  grades  O-1  to  O-3.  The punishment powers of a CO are commensurate with his or her permanent grade. . The status of the accused—punishment authority is also limited by the status of the accused. Is the accused an officer or an enlisted person attached to or embarked in a vessel? Maximum punishment limitations apply to each NJP action and not to each offense. Note that there is a policy that all known offenses that the accused is sus- pected of should ordinarily be considered at a single Article 15 hearing. Figure 5-8 summarizes the maxi- mum  punishment  limitations  for  NJP. MAXIMUM  LIMITS—SPECIFIC There are specific maximum limits on punishment that  may  be  imposed  on  an  individual.  Depending  upon whether the accused is an officer, a warrant officer, or an  enlisted  person  will  depend  on  the  type  of  punish- ment that may be imposed. Also the rank of the official imposing the punishment is a limiting factor on the amount and type of punishment that may be awarded. A flow chart demonstrating this follows: 1. Upon commissioned officers and warrant offi- cers a.  Imposed  by  an  OEGCMJ,  an  officer  of  gen- eral  or  flag  rank  in  command,  or  designated  principal assistant: (1) Punitive admonition or reprimand. (2) Arrest in quarters for not more than 30 consecutive  days. (3) Restriction to specified limits, with or without suspension from duty, for not more than 60 consecutive  days. (4)  Forfeiture  of  not  more  than  1/2  of  1 month’s pay per month for 2 months. b. Imposed by any CO: (1)  Admonition  or  reprimand. (2) Restriction to specified limits, with or without suspension from duty for more than 30 con- secutive  days. c. Imposed by an OIC: OICs do not have the authority to impose NJP upon officers. 2. Upon enlisted accused a. If imposed by COs of the grade of lieutenant commander or above or a principal assistant: (1)  Admonition  or  reprimand. (2) If imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than 3 consecutive days. Accused must be in the paygrade of E-3 or below. (3)  Correctional  custody  for  not  more  than 30 consecutive days and only on grades E-3 and below. (4)  Forfeiture  of  not  more  than  1/2  of 1 month’s pay per month for 2 months. (5) Reduction of one paygrade for members in paygrades E-6 and below. Reduction is not imposable on E-7 and above (Navy) or on E-6 and above (Marine corps). (6) Extra duties for not more than 45 con- secutive  days. (7)  Restriction  to  specified  limits  for  not more than 60 consecutive days. b. Imposed by COs in grades O-3 and below, or any  commissioned  OIC: (1)  Admonition  or  reprimand. (2)  Confinement  on  bread  and  water  or  di- minished rations for not more than 3 consecutive days and only on grade E-3 and below attached to or em- barked in a vessel. 5-23

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