La. Admin. Code tit. 41 § II-415

Current through Register Vol. 50, No. 9, September 20, 2024

Section II-415 - Specific Punishments

A. General. Whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander. However, commanders are encouraged to consult with their NCO's on the appropriate type, duration, and limits of punishment to be imposed. Additionally, as NCO's are often in the best position to observe a service member undergoing punishment and evaluate daily performance and attitude, their views on clemency should be given careful consideration.

B. Restriction. Restriction may be imposed with or without suspension from duties. Normally, the limits of the restriction should be announced at the time punishment is imposed. However, the imposing commander, a successor-in-command, and any superior authority may change the specified limits of restriction; e.g., if a service member is transferred or assigned duties at another location after imposition and before the term or restriction is completed. The limits of restriction, as changed, will be generally no more restrictive (unless required by military exigencies) than the limits originally imposed. Restrictions during periods other than IDT or AT require that the accused be placed on duty orders.

C. Extra Duties. Extra duties may be required to be performed at anytime and, within the duration of the punishment, for any length of time. Extra duties during periods other than IDT or AT require that the accused be placed on duty orders. Extra duties may include the performance of fatigue duty or of any other military duty. No extra duty may be imposed that:

1. constitutes cruel or unusual punishment or a punishment not sanctioned by the customs of the service (e.g., using the offender as a personal servant);

2. is a duty normally intended as an honor, such as assignment to a guard of honor;

3. is required to be performed in a ridiculous or unnecessarily degrading manner (e.g., an order to clean a barracks floor with a toothbrush);

4. constitutes a safety or health hazard to the offender; or

5. would demean the service member's position as a NCO or specialist.

D. Reduction in Grade. The grade from which reduced must be within the promotion authority of the imposing commander or of any officer subordinate to the imposing commander. For the purposes of this Regulation, the imposing commander or any subordinate commander has "promotion authority" within the meaning of Article 15 if the imposing commander has the general authority to appoint to the grade from which reduced or to any higher grade. When a person is reduced in grade as a result of an unsuspended reduction, the date of rank in the grade to which reduced is the date the punishment of reduction was suspended. If the reduction is suspended either on or after the time the punishment was imposed, or is set aside or mitigated to forfeiture, the date of rank in the grade held before the punishment was imposed remains unchanged. If a suspension of the reduction is vacated, the date of rank in the grade to which reduced as a result of the action is the date the punishment was originally imposed, regardless of the date the punishment was suspended or vacated.

E. Effective Date and Execution of Punishments. Reduction and forfeiture of pay, if unsuspended, take effect on the date the commander imposes the punishments. Other punishments, if unsuspended, will take effect and be carried into execution on the date they are imposed, unless the imposing commander prescribes otherwise. In those cases where the execution of the punishment legitimately must be delayed (e.g., the service member is hospitalized, placed on quarters, authorized emergency leave or on brief period of TDY or a brief field problem) the execution of the punishment should normally begin immediately thereafter A sentence to forfeiture of pay may be collected from active duty and inactive-duty training pay during subsequent periods of duty. If the service member timely files an appeal and specifically requests interruption of the performance of the punishment pending action on his appeal, the request should be granted.

La. Admin. Code tit. 41, § II-415

Promulgated in accordance with the Office of the Governor, State Military Department, LR 35:2364 (November 2009).

AUTHORITY NOTE: Promulgated in accordance with R.S. 29:11(F).