10. Chapter XXVI is amended to read as follows:

"Chapter XXVI

"NONJUDICIAL PUNISHMENT

"AUTHORITY--POLICIES APPLICABLE--EFFECT OF ERRORS-PUNISHMENTS-RIGHT TO DEMAND TRIAL-PROCEDURE; RECORDS OF PUNISHMENT--SUSPENSION, MITIGATION, REMISSION, AND SETTING ASIDE--APPEALS

     "128. AUTHORITY.--a. Who may impose nonjudicial punishment.--Unless otherwise provided by this chapter or regulations of the Secretary concerned, a commanding officer may, under Article 15, impose disciplinary punishments for minor offenses, without the intervention of a court-martial, upon commissioned officers, warrant officers, and other military personnel of his command. As used in this chapter, the term "commanding officer" or "commander' includes a warrant officer exercising command.

     "Under such regulations as may be prescribed by the Secretary concerned, a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command may delegate his powers under Article 15 to an officer who is one of his principal assistants. Such regulations shall define what officers may be considered as principal assistants for these purposes. Unless otherwise prescribed by those regulations or the terms of the delegation, the officer to whom such powers are delegated has the same authority under Article 15 as the officer who delegated the powers. Subject to regulations of the Secretary concerned, a commanding officer having disciplinary authority under Article 15 may limit or withhold the exercise by a subordinate commander of any disciplinary authority that subordinate commander would otherwise have under that article.

     "In the Army and Air Force, authority under Article 15 may be exercised only by commanding officers and officers to whom this authority has been delegated. In the Navy, Marine Corps, and Coast Guard, that authority may be exercised by commanding officers and officers to whom this authority has been delegated. In addition, an officer in charge of any unit of the Navy, Marine Corps, or Coast Guard may impose upon enlisted members assigned to the unit of which he is in charge, and take action under 134 concerning, such of the punishments authorized to be imposed by a commanding officer who is below the grade of lieutenant commander or major as the Secretary concerned may specifically prescribe by regulation. For the purposes of Article 15, the term 'assigned', as used in the preceding sentence, has the same meaning as the term "of his command'. In matters within the authority of an officer in charge, the term 'commanding officer' or 'commander', as used in this chapter, includes an officer in charge. The rmy and Air Force have no 'officer in charge' as that term is used in Article 15 (c).

     "b. Minor offences.--The term 'offenses' as used in connection with the authority to impose disciplinary punishment under Article 15 for minor offenses, includes only those acts or omissions constituting offenses under the punitive articles of the Uniform Code of Military Justice. The nature of an offense, and the circumstances surrounding its commission, are among the factors which must be considered in determining whether or not it is minor in nature. Generally, the term includes misconduct not involving any greater degree of criminality than is involved in the average offense tried by summary court-martial. The term 'minor' ordinarily does not include misconduct of a kind which, if tried by general court-martial, could be punished by dishonorable discharge or confinement for more than one year. The imposition and enforcement of disciplinary punishment under this article for an act or omission is not a bar to trial by courtmartial for a serious crime or offense which grew out of the same act or omission and which is not properly punishable under this article. See 68g and Article 15 (f) . However, the accused may show at the trial that he has been punished under Article 15 and, if he does, this fact must be considered in determining the measure of punishment to be adjudged if a finding of guilty results.

     "e. Nonpunitive measures.--Article 15 and this chapter do not apply to, include, or limit the use of those nonpunitive measures that a commanding officer or an officer in charge is authorized and expected to use to further the efficiency of his command or unit, such-as administrative admonitions, reprimands, exhortations, disapprovals, criticisms, censures, reproofs, and rebukes, written or oral, not imposed as punishment for a military offense. These nonpunitive measures may also include, subject to any applicable regulations, administrative withholding of privileges.

     "d. Double punishment and increase in punishment prohibited'When punishment has been imposed upon a person under Article 15 for an offense, punishment may not again be imposed upon him for the same offense under Article 15 either by the commanding officer who imposed the punishment or by any other commanding officer. But see l28b.

     "Once punishment has been imposed it may not be increased, upon appeal or otherwise.

     "129. POLICIES APPLICABLE.--a. General.--Commanders are responsible for the maintenance of discipline within their commands. In the great majority of instances, discipline can be maintained through effective leadership including, when required, the use of those nonpunitive measures which a commander is expected to use to further the efficiency of his command or unit and which are not imposed under Article 15. See 128c. When a minor offense has been committed and nonpunitive measures are considered insufficient, authority under Article 15 should ordinarily be used unless it is clear that only trial by court-martial will meet the needs of justice and discipline.

     "If a commanding officer determines that his authority under Article 15 is insufficient to make a proper disposition of the case, or if his authority to impose punishment under that article has been withheld (see 128a), he may refer the case to a superior commander for appropriate disposition.

     "Before exercising authority under Article 15, the officer who is to exercise it must thoroughly evaluate each case on an individual basis. No policy may be established whereby certain categories of offenses must be disposed of under Article 15 regardless of the circumstances, or predetermined kinds or amounts of punishments must be imposed for certain classifications of offenses that are proper for disposition under Article 15.

     "b. Purpose and nature of action under Article 15.--Punishments under Article 15 are primarily corrective in nature. In determining the appropriate kind and amount of punishment to be administered, commanding officers should consider the age, experience, intelligence, and prior disciplinary and military record of the offender, as well as all the other facts and circumstances of the case. When selecting the appropriate kind or combination of punishments to be imposed, commanders should consider the nature and characteristics of the various forms of authorized punishment discussed in 131c. This information should also be used by superior authority to whom appeals from punishments imposed under this article are directed when he takes action on those appeals.

     "In determining an appropriate punishment, commanders should consider the desirability of suspending probationally all or a portion of the punishment selected. Probational suspension of punishment normally is warranted in the case of first offenders or when persuasive extenuating or mitigating matters are present. Suspension not only provides a behavioral incentive to the offender but also affords the commander an excellent opportunity to evaluate the offender during the period of suspension.

     "130. EFFECT OF ERRORS.--A failure to comply with any of the procedural provisions of this chapter will not. invalidate a punishment imposed under Article 15, except to the extent that may be required by a clear and affirmative showing of injury to a substantial right of the person on whom the punishment was imposed, which right was neither expressly nor impliedly waived.

     "131. PUNISHMENTS.--a. General limitations.--The Secretary concerned may, by regulations, place limitations on the powers granted by Article 15 with respect to the kind and amount of the punishment authorized (Art. 15(a)). Subject to 128a, and any limitations contained in regulations of the Secretary concerned, the kinds and amounts of punishment authorized by Article 15 (b) may be imposed upon military personnel of any armed force as provided in this paragraph ( 131 ).

     "b. Authorized maximum punishments.--In addition to or in lieu of admonition or reprimand, one or more of the following disciplinary punishments may, subject to the limitations of 131d, be imposed upon military personnel of their commands by the categories of commanding officers designated herein:

     "(1) Upon offcers and warrant officers of his eommand--

     "(A) by any commanding officer, restriction to certain specified limits, with or without suspension from duty, for not more than 30 consecutive days;

     "(B) if imposed by an officer exercising general court-martial jurisdiction or an officer of general or flag rank in command--

     " (i) arrest in quarters for not more than 30 consecutive days;

     "(ii) forfeiture of not more than one-half of one month's pay per month for two months;

     "(iii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;

     " (iv) detention of not more than one-half of one month's pay per month for three months.

     "(2) Upon other military personnel of his command-"(A) by any commanding officer--

     ''(i) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;

     "(ii) correctional custody for not more than seven consecutive days; '' (iii) forfeiture of not more than seven days' pay;

     "(iv) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction ;

     "(v) extra duties, including fatigue or other duties, for not more than 14 consecutive days;

     "(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;

     "(vii) detention of not more than 14 days' pay;

     "(B) if imposed by a commanding officer of the grade of major or lieutenant commander or above-

     "(i) if imposed upon a person attached to or embarked in a vessel, confinement on bread and water or diminished rations for not more than three consecutive days;

     "(ii) correctional custody for not more than 30 consecutive days;

     "(iii) forfeiture of not more than one-half of one month's pay per month for two months;

     "(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but enlisted members in pay grades above E--4 may not be reduced more than one pay grade, except that during time of war or national emergency hereafter declared by the Congress, this category of persons may be reduced two grades if the Secretary concerned determines that circumstances require the removal of this limitation;

     "(v) extra duties, including fatigue or other duties, for not more than 45 consecutive days;

     "(vi) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;

     "(vii) detention of not more than one-half of one month's pay per month for three months.

     "c. Nature of punishments.-- ( 1 ) Admonition and reprimand.-When an .admonition or reprimand is imposed as punishment under Article 15, it should be clearly indicated that it is imposed as as a punishment under that article. See 128c as to admonitions and reprimands imposed as purely administrative measures.

     "In the case of officers and warrant officers, admonitions and reprimands given as punishment under Article 15 must be administered in writing. In other cases, unless otherwise prescribed by regulations of the Secretary concerned, they may be administered either orally or in writing.

     "An admonition or reprimand may be imposed in lieu of or combined with other Article 15 punishments.

     "(2) Restriction.--This form of punishment is the least severe form of deprivation of liberty. Restriction involves moral rather than physical restraint. The severity of this type of restraint is dependent not only upon its duration but also upon the geographical limits specified when the punishment is imposed. A person undergoing restriction may be required to report to a designated place at specified times if it is considered reasonably necessary to insure that the punishment is being properly executed. Unless otherwise specified by the commanding officer imposing this form of punishment, a person in restriction may be required to perform any military duty.

     "(3) Arrest in quarters.--The authority to impose arrest in quarters a.s punishment under Article 15 may be exercised only by an officer exercising general court-martial jurisdiction or by a general or flag officer in command. Arrest in quarters as a punishment under Article 15 may be imposed only upon commissioned officers and warrant officers.

     "As in the case of restriction, the restraint involved in this punishment is enforced by a moral obligation rather than by physical means. An officer undergoing this punishment may be required to perform such duties as may be prescribed by regulations of the Secretary concerned. However, an officer so punished is required to remain within his quarters during the period of punishment unless the limits of his arrest are otherwise extended by appropriate authority. The quarters of an officer may consist of his military residence, whether a tent, stateroom, or other quarters assigned to him, or a private residence occupied by him when he has not been furnished Government quarters.

     "(4) Correctional custody.--Correctional custody is the physical restraint of a person during duty or nonduty hours, or both, imposed as a punishment under Article 15, and may include extra duties, fatigue duties, or hard labor. If practicable, this form of restraint will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial. A person undergoing correctional custody may be required to perform such regular military duties, extra duties, fatigue duties, and hard. labor as may be assigned .by the authority charged with the administration of the punishment. The conditions under which correctional custody is served shall be prescribed by regulations of the Secretary concerned. In addition, the Secretary concerned may, by regulations, limit the categories of enlisted members upon whom this kind of punishment may be imposed. A person undergoing the punishment of correctional custody who, before being set at liberty by proper authority, casts off any physical restraint imposed by his custodian or by the place or conditions of custody commits the offense of escape from correctional custody in violation of Article 134. If a person is undergoing the punishment of correctional custody and there is an absence of physical restraint imposed by a custodian or by the place or conditions of custody, a breach by that person of any form of restraint imposed during this period shall constitute .the offense of breach of that restraint in violation of Article 134. The authority competent to order the release of a person from correctional custody shall be as designated by regulations of the Secretary concerned.

     "(5) Confinement on bread and water or diminished rations.--This punishment may be imposed only upon an enlisted person attached to or embarked in a vessel. See 132. Confinement on bread and water or diminished rations involves confinement in a place where the person so confined may communicate only with authorized personnel. The ration to be furnished a person undergoing a punishment of confinement on diminished rations is that specified by the authority charged with the administration of the punishment, but such ration may not consist solely of bread and water unless this punishment has been specificaIIy imposed. Whenever punishment on bread and water or diminished rations is imposed, a signed certificate of a medical officer (see 125), containing his opinion that no serious injury to the health of the person to be confined will be caused by that punishment, must be obtained before the punishment is executed. The categories of enlisted personnel upon whom this type of punishment may be imposed may be limited by regulations of the Secretary concerned.

     "(6) Extra duties.--This punishment involves the performance of duties in addition to those normally assigned to the person undergoing the punishment. Extra duties may include fatigue duties. Military duties of any kind may be assigned as extra duty (but see 125). Extra duties assigned as punishment of noncommissioned officers, petty officers, or such other enlisted persons of assimilative positions as may be designated by regulations of the Secretary concerned, may not be of a kind which demeans their grades or positions.

     "(7) Reduction in grade.--Reduction in grade is one of the most severe forms of nonjudicial punishment which may be imposed as a penalty for misconduct. Accordingly, a commander's authority to effect a reduction should be utilized with discretion.

     "As used in Article 15, the phrase 'if the grade from which demoted is within the promotion authority of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction' does not refer to the authority to promote the individual concerned but to the general authority to promote to the grade held by the individual to be punished.

     "(8) Forfeiture of pay.--Forfeiture involves a permanent loss of entitlement to the pay forfeited. The word 'pay', as used with respect to forfeiture of pay under Article 15, refers only to the basic pay of the individual plus any sea or foreign duty pay. 'Basic pay' comprehends no element of pay other than the basic pay fixed by statute for the grade and length of service of the individual concerned and does not include special pay for a special qualification, incentive pay for the performance of hazardous duties, proficiency pay, subsistence and quarters allowances, and similar types of compensation. If the punishment includes both reduction, unsuspended, and forfeiture of pay, the forfeiture must be based on the grade to which reduced. Also, any monthly contribution from his pay that an enlisted person with dependents is required by law to make to entitle him to a basic allowance for quarters must be deducted before the net amount of pay subject to forfeiture.is computed. The amount to be forfeited will be expressed in dollar amounts only (not in dollars and cents) and not in a number of days' pay or fractions of monthly pay. If the forfeiture is to be applied for more than one month, the amount to be forfeited per month and the number of months should be stated. Forfeiture of pay may not extend to any pay accrued before the date of its imposition.

     "(9) Detention of pay.--Unlike a forfeiture of pay, a detention of pay involves only a temporary withholding of pay. The period for which the pay is to be detained, which may not be for more than one year, must be specified at the time the punishment of detention is imposed. As in the case of a forfeiture of pay, only basic pay plus sea or foreign duty pay may be detained. The amount to be detained will be expressed in dollar amounts only (not in dollars and cents) and not in a number of days' pay or fractions of monthly pay. If the detention is to be applied for more than one month, the amount to be detained per month and the number of months should be stated. If the punishment includes both reduction, unsuspended, and detention of pay, the detention must be based on the grade to which reduced. Any monthly contribution that an enlisted person with dependents is required by law to make to entitle him to a basic allowance for quarters must be deducted before the net amount of pay subject to detention is computed. The amount of pay detained is returned to the offender at the expiration of the specified period of detention or the offender's term of service, whichever is earlier. Detention of pay may not extend to any pay accrued before the date of its imposition.

    "d. Combination and apportionment.--The punishments of restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum duration imposable for extra duties. Neither restriction nor extra duties may be combined to run concurrently with correctional custody beyond the maximum duration imposable for correctional custody. The punishment. of restriction in the case of an officer may not. be combined to run concurrently with arrest in quarters beyond the maximum duration imposable for arrest in quarters. The punishment of correctional custody inherently includes a form of restriction and may include extra duties.

     "As provided by Article 15 (b) , neither the punishments of arrest in quarters and restriction in the case of an officer, nor two or more of the punishments of correctional custody, extra duties. and restriction in the case of an enlisted person, may be combined to run consecutively in the maximum amount imposable for each. All of these punishments are in the nature of deprivation of liberty, and whenever they are combined to run consecutively there must be an apportionment in accordance with the provisions of this subparagraph (131d). Forfeiture of pay and detention of pay may not be combined to run either consecutively or concurrently without an apportionment. Both punishments amount to a deprivation of entitlement to pay, either permanently or temporarily. See example (2), below, for an illustration of a properly apportioned combination.

     "Confinement on bread and water or diminished rations may not be imposed in combination with correctional custody, extra duties, or restriction.

     "In those instances in which an apportionment is required when combining certain punishments, the following Table of Equivalent Nonjudicial Punishments, derived from the statutory maximum authorized punishments, will be used in substituting one form of punishment for another:

TABLE OF EQUIVALENT NON JUDICIAL PUNISHMENTS

"Kind of punishment"	Upon officers and warrant officers (To be used only	Upon other personnel
	by an officer with GCM jurisdiction, or by a general
	or flag officer in command or his delegate)
Arrest in quarters	1 day	2 days
Restrictions	2 days	2 days
Correctional custody		1 day
Forfeiture of pay	1 day's pay	1 day's pay*
Detention of pay	1 1/2 day's pay	1 1/2 day's pay*