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administrative measure), and administrative dis-
charge.
Jurisdictional Maximum Punishments
In no case can an SPCM lawfully adjudge a sen-
tence in excess of a BCD, confinement for 6 months,
forfeiture of two-thirds pay per month for 6 months,
and reduction to paygrade E-1. Within those outer
limits are a number of variations of lesser forms of
punishment that may be adjudged.
Authorized Punishments
Appendix 12 and part IV, MCM, 1984, list the
specific maximum punishments for each offense as
determined by statutory provisions or by the President
of the United States pursuant to authority delegated
by Article 56, UCMJ. An accused, as a general rule,
may be separately punished for each offense of which
he or she is convicted, unlike NJP where only one
punishment is imposed for all offenses. Thus, an ac-
cused convicted of unauthorized absence (Article 86),
assault (Article 128), and larceny (Article 121) is
subject to a maximum sentence determined by total-
ing the maximum punishment for each offense. A
chart that lists punishments authorized at each type of
court-martial is illustrated in figure 7-3. We will ad-
dress each individual type of punishment.
PUNITIVE SEPARATION FROM THE SER-
VICE. An SPCM is empowered to sentence an en-
listed accused to separation from the service with a
BCD. This is true provided the discharge is authorized
for one or more of the offenses for which the accused
stands convicted or by virture of an escalator clause
(dicussed later). An SPCM is not authorized to sen-
tence any officer or warrant officer to separation from
the service. A BCD is a separation from the service
under conditions not honorable and is designed as a
punishment for bad conduct rather than as a punish-
ment for serious military or civilian offenses. It is also
appropriate for an accused who has been convicted
repeatedly of minor offenses and whose punitive
separation appears necessary.
The practical effect of this type of separation is
less severe than a dishonorable discharge (DD), where
the accused automatically becomes ineligible for al-
most all veterans benefits. The effect of a BCD on
veterans benefits depends upon whether it was ad-
judged by a GCM or an SPCM, whether the benefits
are administered by the service concerned or by the
Department of Veterans Affairs, and upon the particu-
lar facts of a given case.
CONFINEMENT. Confinement involves the
physical restraint of an adjudged service member in a
brig or prison. Under military law, confinement auto-
matically includes hard labor, but the law prefers that
the sentence be stated as confinementomitting the
words at hard labor. Omission of the words hard
labor does not relieve the accused of the burden of
performing hard labor. An SPCM can adjudge 6
months confinement upon an enlisted service mem-
ber, but may not impose any confinement upon an
officer or warrant officer. Part IV, MCM, limits this
punishment to an even lesser period for certain of-
fenses. As an example, failure to go to appointed
place of duty (Article 86) has a maximum confine-
ment punishment of only 1 month.
HARD LABOR WITHOUT CONFINE-
MENT. This form of punishment is performed in
addition to routine duties and may not lawfully be
used instead of regular duties. The number of hours
per day and the character of the hard labor will be
designated by the immediate CO of the accused. The
maximum amount of hard labor that can be adjudged
at an SPCM is 3 months. This punishment is impos-
able only on enlisted persons and not upon officers or
warrant officers. After each days hard labor assign-
ment has been performed, the accused should then be
permitted normal liberty or leave. Hard labor means
rigorous work but not so rigorous as to be injurious to
the health of the accused. Hard labor cannot be re-
quired to be performed on Sundays, but may be per-
formed on holidays. Hard labor can be combined with
any other punishment.
RESTRICTION. Restriction is a moral re-
straint upon the accused to remain within certain
specified limits for a specified time. Restriction may
be imposed on all persons subject to the UCMJ, but
not in excess of 2 months. Restriction is a less severe
form of deprivation of liberty than confinement or
hard labor without confinement and may be combined
with any other punishment. The performance of mili-
tary duties can be required while an accused is on
restriction.
C O N F I N E M E N T O N B R E A D A ND
WATER/DIMINISHED RATIONS. As its name
suggests, this punishment involves confinement cou-
pled with a diet of bread and water or diminished
rations. A diet of bread and water allows the accused
as much bread and water as he or she can eat or drink.
Diminished rations is food from the regular daily
7-18
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