10 U.S.C. § 815 — Art. 15. Commanding officer’s non-judicial

Page 728 TITLE 10—ARMED FORCES § 815 martial, and the offender after having answered to the civil authorities for his offense shall, upon the request of competent military author- ity, be returned to military custody for the com- pletion of his sentence. (Aug. 10, 1956, ch. 1041, 70A Stat. 41.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 814(a) ...... 814(b) ...... 50:568(a). 50:568(b). May 5, 1950, ch. 169, § 1 (Art. 14), 64 Stat. 112. In subsection (a), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of the Depart- ment’’. In subsection (b), the word ‘‘interrupts’’ is sub- stituted for the words ‘‘shall be held to interrupt’’. The word ‘‘his’’ is substituted for the words ‘‘the said court- martial’’. Statutory Notes and Related Subsidiaries REGULATIONS FOR DELIVERY OF MILITARY PERSONNEL TO CIVIL AUTHORITIES WHEN CHARGED WITH CERTAIN OFFENSES Pub. L. 100–456, div. A, title VII, § 721, Sept. 29, 1988, 102 Stat. 2001, directed the Secretary of Defense to en- sure that the Secretaries of the military departments had issued uniform regulations pursuant to this section not later than 90 days after Sept. 29, 1988, and to trans- mit to committees of Congress a copy of such regula- tions and any recommendations for additional legisla- tion not later than 120 days after Sept. 29, 1988. SUBCHAPTER III—NON-JUDICIAL PUNISHMENT Sec. Art. 815. 15. Commanding officer’s non-judicial punish- ment. § 815. Art. 15. Commanding officer’s non-judicial punishment (a) Under such regulations as the President may prescribe, and under such additional regu- lations as may be prescribed by the Secretary concerned, limitations may be placed on the powers granted by this article with respect to the kind and amount of punishment authorized, the categories of commanding officers and war- rant officers exercising command authorized to exercise those powers, the applicability of this article to an accused who demands trial by court-martial, and the kinds of courts-martial to which the case may be referred upon such a demand. However, except in the case of a mem- ber attached to or embarked in a vessel, punish- ment may not be imposed upon any member of the armed forces under this article if the mem- ber has, before the imposition of such punish- ment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the sus- pension of punishments authorized hereunder. If authorized by regulations of the Secretary con- cerned, a commanding officer exercising general court-martial jurisdiction or an officer of gen- eral or flag rank in command may delegate his powers under this article to a principal assist- ant. (b) Subject to subsection (a), any commanding officer may, in addition to or in lieu of admoni- tion or reprimand, impose one or more of the following disciplinary punishments for minor of- fenses without the intervention of a court-mar- tial— (1) upon officers of his command— (A) 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 gen- eral 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 lim- its, 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 personnel of his command— (A) if imposed upon a person attached to or embarked in a vessel, confinement for not more than three consecutive days; (B) correctional custody for not more than seven consecutive days; (C) forfeiture of not more than seven days’ pay; (D) reduction to the next inferior pay grade, if the grade from which demoted is within the promotion authority of the offi- cer imposing the reduction or any officer subordinate to the one who imposes the re- duction; (E) extra duties, including fatigue or other duties, for not more than 14 consecutive days; (F) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days; (G) detention of not more than 14 days’ pay; (H) if imposed by an officer of the grade of major or lieutenant commander, or above— (i) the punishment authorized under clause (A); (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 inter- mediate 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 im- poses the reduction, but an enlisted mem- ber in a pay grade above E–4 may not be reduced more than two pay grades; (v) extra duties, including fatigue or other duties, for not more than 45 consecu- tive days; (vi) restrictions to certain specified lim- its, 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. Detention of pay shall be for a stated period of not more than one year but if the offender’s Page 729 TITLE 10—ARMED FORCES § 815 term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement, correctional custody, extra duties, and restriction may be combined to run con- secutively in the maximum amount imposable for each. Whenever any of those punishments are combined to run consecutively, there must be an apportionment. In addition, forfeiture of pay may not be combined with detention of pay without an apportionment. For the purposes of this subsection, ‘‘correctional custody’’ is the physical restraint of a person during duty or nonduty hours and may include extra duties, fa- tigue duties, or hard labor. If practicable, cor- rectional custody will not be served in imme- diate association with persons awaiting trial or held in confinement pursuant to trial by court- martial. (c) An officer in charge may impose upon en- listed members assigned to the unit of which he is in charge such of the punishments authorized under subsection (b)(2)(A)–(G) as the Secretary concerned may specifically prescribe by regula- tion. (d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probation- ally any part or amount of the unexecuted pun- ishment imposed and may suspend probationally a reduction in grade or a forfeiture imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or miti- gate any part or amount of the unexecuted pun- ishment imposed and may set aside in whole or in part the punishment, whether executed or unexecuted, and restore all rights, privileges, and property affected. He may also mitigate re- duction in grade to forfeiture or detention of pay. When mitigating— (1) arrest in quarters to restriction; (2) confinement to correctional custody; (3) correctional custody or confinement to extra duties or restriction, or both; or (4) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the pun- ishment mitigated. (e) A person punished under this article who considers his punishment unjust or dispropor- tionate to the offense may, through the proper channel, appeal to the next superior authority. The appeal shall be promptly forwarded and de- cided, but the person punished may in the mean- time be required to undergo the punishment ad- judged. The superior authority may exercise the same powers with respect to the punishment im- posed as may be exercised under subsection (d) by the officer who imposed the punishment. Be- fore acting on an appeal from a punishment of— (1) arrest in quarters for more than seven days; (2) correctional custody for more than seven days; (3) forfeiture of more than seven days’ pay; (4) reduction of one or more pay grades from the fourth or a higher pay grade; (5) extra duties for more than 14 days; (6) restriction for more than 14 days; or (7) detention of more than 14 days’ pay; the authority who is to act on the appeal shall refer the case to a judge advocate or a lawyer of the Department of Homeland Security for con- sideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b). (f) The imposition and enforcement of discipli- nary punishment under this article for any act or omission is not a bar to trial by court-martial for a serious crime or offense growing out of the same act or omission, and not properly punish- able under this article; but the fact that a dis- ciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty. (g) The Secretary concerned may, by regula- tion, prescribe the form of records to be kept of proceedings under this article and may also pre- scribe that certain categories of those pro- ceedings shall be in writing. (Aug. 10, 1956, ch. 1041, 70A Stat. 41; Pub. L. 87–648, § 1, Sept. 7, 1962, 76 Stat. 447; Pub. L. 90–179, § 1(4), Dec. 8, 1967, 81 Stat. 545; Pub. L. 90–623, § 2(4), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 98–209, §§ 2(c), 13(b), Dec. 6, 1983, 97 Stat. 1393, 1408; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114–328, div. E, title LIII, § 5141, Dec. 23, 2016, 130 Stat. 2897.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 815(a) ...... 815(b) ...... 50:571(a). 50:571(b). May 5, 1950, ch. 169, § 1 (Art. 15), 64 Stat. 112. 815(c) ...... 50:571(c). 815(d) ...... 50:571(d). 815(e) ...... 50:571(e). In subsection (a), the words ‘‘not more than’’ are sub- stituted for the words ‘‘a period not to exceed’’, ‘‘not to exceed’’, and ‘‘a period not exceeding’’. In subsection (a)(1), the words ‘‘and warrant officers’’ are omitted, since the word ‘‘officer’’, as defined in sec- tion 101(14) of this title, includes warrant officers. In clause (1)(C), the words ‘‘one month’s pay’’ are sub- stituted for the words ‘‘his pay per month for a period not exceeding one month’’. In subsection (b), the words ‘‘Secretary concerned’’ are substituted for the words ‘‘Secretary of a Depart- ment’’. In subsection (c), the word ‘‘subsections’’ is sub- stituted for the word ‘‘subdivisions’’. The words ‘‘en- listed members’’ are substituted for the words ‘‘enlisted persons’’. In subsections (d) and (e), the words ‘‘authority of’’ are omitted as surplusage. In subsection (d), the word ‘‘considers’’ is substituted for the word ‘‘deems’’. The word ‘‘may’’ is substituted for the words ‘‘shall have power to * * * to’’. In subsection (e), the words ‘‘is not’’ are substituted for the words ‘‘shall not be’’. Editorial Notes AMENDMENTS 2016—Subsec. (b)(2). Pub. L. 114–328, § 5141(1)(B), struck out ‘‘on bread and water or diminished rations’’ Page 730 TITLE 10—ARMED FORCES § 815 after ‘‘in quarters, confinement’’ in concluding provi- sions. Subsec. (b)(2)(A). Pub. L. 114–328, § 5141(1)(A), struck out ‘‘on bread and water or diminished rations’’ after ‘‘confinement’’. Subsec. (d)(2), (3). Pub. L. 114–328, § 5141(2), struck out ‘‘on bread and water or diminished rations’’ after ‘‘con- finement’’. 2002—Subsec. (e). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ in con- cluding provisions. 1983—Pub. L. 98–209, § 13(b)(1), substituted ‘‘non-judi- cial’’ for ‘‘nonjudicial’’ in section catchline. Subsec. (b). Pub. L. 98–209, § 13(b)(2)(A), struck out ‘‘of this section’’ after ‘‘subsection (a)’’ in provisions pre- ceding par. (1). Subsec. (b)(2)(H)(i). Pub. L. 98–209, § 13(b)(2)(B), sub- stituted ‘‘clause (A)’’ for ‘‘subsection (b)(2)(A)’’. Subsec. (e). Pub. L. 98–209, § 2(c), substituted ‘‘or a lawyer of the’’ for ‘‘of the Army, Navy, Air Force, or Marine Corps, or a law specialist or lawyer of the Coast Guard or’’. 1968—Subsec. (e). Pub. L. 90–623 substituted ‘‘or a law specialist or lawyer of the Coast Guard or Department of Transportation’’ for ‘‘or a law specialist or lawyer of the Marine Corps, Coast Guard, or Treasury Depart- ment’’. 1967—Subsec. (e). Pub. L. 90–179 inserted reference to judge advocate of the Marine Corps and substituted ref- erence to judge advocate of the Navy for reference to law specialist of the Navy. 1962—Subsec. (a). Pub. L. 87–648 redesignated former subsec. (b) as (a), inserted references to such regula- tions as the President may prescribe, permitted limita- tions to be placed on the categories of warrant officers exercising command authorized to exercise powers under this article, and on the kinds of courts-martial to which a case may be referred upon demand therefor, promulgation of regulations prescribing rules with re- spect to the suspension of punishment authorized by this article, and the delegation of powers to a principal assistant by a commanding officer exercising general court-martial jurisdiction or an officer of general or flag rank in command, if so authorized by the Sec- retary’s regulations, and prohibited, except for mem- bers attached to or embarked in a vessel, imposition of punishment under this article on any member of the armed forces who, before imposition of such punish- ment, demands trial by court-martial. Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 87–648 redesignated former subsec. (a) as (b), enlarged authority of commanding officers to impose punishment upon officers by increasing the number of days restriction from not more than 14 to not more than 30 days, and the number of months one- half of one month’s pay may be ordered forfeited by an officer exercising general court-martial jurisdiction from one to two months, empowering officers exer- cising general court-martial jurisdiction and officers of general or flag rank in command to impose arrest in quarters for not more than 30 consecutive days, restric- tion, with or without suspension from duty, for not more than 60 consecutive days, and detention of not more than one-half of one month’s pay per month for three months, and officers of general or flag rank in command to order forfeiture of not more than one-half of one month’s pay per month for two months, and the authority of commanding officers to impose punish- ment upon other personnel of his command to permit correctional custody for not more than seven consecu- tive days, forfeiture of not more than seven days’ pay, and detention of not more than 14 days’ pay, empow- ered officers of the grade of major or lieutenant com- mander, or above, to impose the punishments pre- scribed in clauses (i) to (vii) of subpar. (2) (H) upon per- sonnel of his command other than officers, changed provisions which permitted reduction to next inferior grade, if the grade from which demoted was established by the command or an equivalent or lower command to permit reduction to the next inferior pay grade, if the grade from which demoted is within the promotion au- thority of the officer imposing the reduction or any of- ficer subordinate to the one who imposes the reduction, and provisions which permitted extra duties for not more than two consecutive weeks, and not more than two hours per day, holidays included, to authorize extra duties, including fatigue or other duties, for not more than 14 consecutive days, inserted provisions lim- iting detention of pay for a stated period of not more than one year, prohibiting two or more of the punish- ments of arrest in quarters, confinement on bread and water or diminished rations, correctional custody, extra duties, and restriction to be combined to run con- secutively in the maximum amount imposable for each, combining of forfeiture of pay with detention without an apportionment, and service of correctional custody, if practicable, in immediate association with persons awaiting trial or held in confinement pursuant to court-martial, requiring apportionment of punishments combined to run consecutively, and in those cases where forfeiture of pay is combined with detention of pay, defining ‘‘correctional custody’’, and struck out provisions which permitted withholding of privileges of officers and other personnel for not more than two con- secutive weeks and which authorized confinement for not more than seven consecutive days if imposed upon a person attached to or embarked in a vessel. Former subsec. (b) redesignated (a). Subsec. (c). Pub. L. 87–648 substituted ‘‘under sub- section (b)(2)(A)–(G) as the Secretary concerned may specifically prescribe by regulation’’ for ‘‘to be imposed by commanding officers as the Secretary concerned may by regulation specifically prescribe, as provided in subsections (a) and (b),’’ and deleted ‘‘for minor of- fenses’’ after ‘‘an officer in charge may’’. Subsecs. (d), (e). Pub. L. 87–648 added subsec. (d), re- designated former subsec. (d) as (e), inserted provisions requiring the authority who is to act on an appeal from any of the seven enumerated punishments to refer the case to a judge advocate of the Army or Air Force, a law specialist of the Navy, or a law specialist or lawyer of the Marine Corps, Coast Guard, or Treasury Depart- ment for advice, and authorizing such referral of any case on appeal from punishments under subsec. (b) of this section, and substituted ‘‘The superior authority may exercise the same powers with respect to the pun- ishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment’’ for ‘‘The officer who imposes the punishment, his successor in command, and superior authority may suspend, set aside, or remit any part or amount of the punishment, and restore all rights, privileges, and property af- fected.’’ Former subsec. (e) redesignated (f). Subsecs. (f), (g). Pub. L. 87–648 redesignated former subsec. (e) as (f) and added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with imple- menting regulations and provisions relating to applica- bility to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1983 AMENDMENT Amendment by section 13(b) of Pub. L. 98–209 effec- tive Dec. 6, 1983, and amendment by section 2(c) of Pub. L. 98–209 effective first day of eighth calendar month beginning after Dec. 6, 1983, see section 12(a)(1) of Pub. L. 98–209, set out as a note under section 801 of this title. Page 731 TITLE 10—ARMED FORCES § 816 EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1962 AMENDMENT Pub. L. 87–648, § 2, Sept. 7, 1962, 76 Stat. 450, provided that: ‘‘This Act [amending this section] becomes effec- tive on the first day of the fifth month following the month in which it is enacted [September 1962].’’ SUBCHAPTER IV—COURT-MARTIAL JURISDICTION Sec. Art. 816. 16. Courts-martial classified. 817. 17. Jurisdiction of courts-martial in general. 818. 18. Jurisdiction of general courts-martial. 819. 19. Jurisdiction of special courts-martial. 820. 20. Jurisdiction of summary courts-martial. 821. 21. Jurisdiction of courts-martial not exclu- sive. § 816. Art. 16. Courts-martial classified (a) IN GENERAL.—The three kinds of courts- martial in each of the armed forces are the fol- lowing: (1) General courts-martial, as described in subsection (b). (2) Special courts-martial, as described in subsection (c). (3) Summary courts-martial, as described in subsection (d). (b) GENERAL COURTS-MARTIAL.—General courts-martial are of the following three types: (1) A general court-martial consisting of a military judge and eight members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (2) In a capital case, a general court-martial consisting of a military judge and the number of members determined under section 825a of this title (article 25a), subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (3) A general court-martial consisting of a military judge alone, if, before the court is as- sembled, the accused, knowing the identity of the military judge and after consultation with defense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. (c) SPECIAL COURTS-MARTIAL.—Special courts- martial are of the following two types: (1) A special court-martial consisting of a military judge and four members, subject to sections 825(e)(3) and 829 of this title (articles 25(e)(3) and 29). (2) A special court-martial consisting of a military judge alone— (A) if the case is so referred, subject to sec- tion 819 of this title (article 19) and such limitations as the President may prescribe by regulation; or (B) if the case is referred under paragraph (1) and, before the court is assembled, the accused, knowing the identity of the mili- tary judge and after consultation with de- fense counsel, requests, orally on the record or in writing, a court composed of a military judge alone and the military judge approves the request. (d) SUMMARY COURT-MARTIAL.—A summary court-martial consists of one commissioned offi- cer. (Aug. 10, 1956, ch. 1041, 70A Stat. 42; Pub. L. 90–632, § 2(3), Oct. 24, 1968, 82 Stat. 1335; Pub. L. 98–209, § 3(a), Dec. 6, 1983, 97 Stat. 1394; Pub. L. 107–107, div. A, title V, § 582(a), Dec. 28, 2001, 115 Stat. 1124; Pub. L. 114–328, div. E, title LIV, § 5161, Dec. 23, 2016, 130 Stat. 2897; Pub. L. 115–91, div. A, title X, § 1081(c)(1)(C), Dec. 12, 2017, 131 Stat. 1597; Pub. L. 118–31, div. A, title V, § 531(b)(1), Dec. 22, 2023, 137 Stat. 258.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 816 .......... 50:576. May 5, 1950, ch. 169, § 1 (Art. 16), 64 Stat. 113. The word ‘‘The’’ is substituted for the words ‘‘There shall be’’. The word ‘‘are’’ is substituted for the word ‘‘namely’’. The words ‘‘not less than five members’’ are substituted for the words ‘‘any number of members not less than five’’. The words ‘‘not less than three mem- bers’’ are substituted for the words ‘‘any number of members not less than three’’. The word ‘‘commis- sioned’’ is inserted before the word ‘‘officer’’ in clause (3) for clarity. Editorial Notes AMENDMENTS 2023—Subsec. (c)(2)(A). Pub. L. 118–31 struck out ‘‘by the convening authority’’ after ‘‘is so referred’’. 2017—Subsecs. (b), (c). Pub. L. 115–91 substituted ‘‘sec- tions 825(e)(3) and 829 of this title (articles 25(e)(3) and 29)’’ for ‘‘sections 825(d)(3) and 829 of this title (articles 25(d)(3) and 29)’’ wherever appearing. 2016—Pub. L. 114–328 amended section generally. Prior to amendment, section defined the three kinds of courts-martial in each of the armed forces. 2001—Par. (1)(A). Pub. L. 107–107 inserted ‘‘or, in a case in which the accused may be sentenced to a pen- alty of death, the number of members determined under section 825a of this title (article 25a)’’ after ‘‘five members’’. 1983—Par. (1)(B). Pub. L. 98–209 substituted ‘‘orally on the record or in writing’’ for ‘‘in writing’’. 1968—Pub. L. 90–632 provided that a general or special court-martial shall consist of only a military judge if the accused, before the court is assembled, so requests in writing and the military judge approves, with the added requirements that the accused know the identity of the military judge and have the advice of counsel, and that the election be available in the case of a spe- cial court-martial only if a military judge has been de- tailed to the court. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2023 AMENDMENT Pub. L. 118–31, div. A, title V, § 531(e), Dec. 22, 2023, 137 Stat. 260, provided that: ‘‘The amendments made by subsection (b) and subsection (c)(1) [amending this sec- tion and sections 824a and 825 of this title] shall take effect immediately after the coming into effect of the amendments made by part 1 of subtitle D of title V of the National Defense Authorization Act for Fiscal Year 2022 (Public Law 117–81) as provided in section 539C of that Act (10 U.S.C. 801 note).’’ EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of