La. Admin. Code tit. 41 § II-407
Current through Register Vol. 50, No. 8, August 20, 2024
Section II-407 - Special Rules and LimitationsA. Combinations of Punishments. With the following exception, punishment authorized under Article 15 may be combined. No two or more of the punishments of arrest in quarters, extra duties, and restriction may be combined to run consecutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment.B. Duration of Punishments. A withholding of privileges, a restriction to certain specified limits or the imposition of extra duties, when imposed as non-judicial punishment, may not extend beyond the last day of the training period (MUTA or AT) during which such punishment was imposed. No such limitation applies to fines or forfeitures.C. Extra Duties Considerations. No extra duties imposed as non-judicial punishment which tend to degrade the grade of the person upon whom they are imposed may be imposed upon non-commissioned officers.D. Forfeiture of Pay Considerations. Whenever a punishment of forfeiture of pay is imposed under LCMJ Article 15, the forfeiture may apply to pay accruing on or after the date that punishment is imposed and to any pay accrued after that date.E. Double Punishment Prohibited. When non-judicial punishment has been imposed for an offense, punishment may not again be imposed for the same offense under Article 15.F. Increase in Punishment Prohibited. Once non-judicial punishment has been imposed, it may not be increased, upon appeal or otherwise.G. Multiple Punishments Prohibited. When a commander determines that non-judicial punishment is appropriate for a particular service member, all known offenses determined to be appropriate for disposition by non-judicial punishment and ready to be considered at that time, including all such offenses arising from a single incident or course of conduct, shall ordinarily be considered together, and not made the basis for multiple punishments.H. Statute of Limitations. Except as provided in LCMJ Article 43(d), non-judicial punishment may not be imposed for offenses which were committed more than 2 years before the date of imposition. [See LCMJ Article 43(c).]La. Admin. Code tit. 41, § II-407
Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2361 (November 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).