U.S. Code.

- For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 814.

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PART 3 N ONJUDICIAL PUNISHMENT

38-2-1015. Commanding officer's disciplinary punishment; regulations limiting; officers in charge; appeal; effect on more serious offenses.

1. Under such regulations as may be prescribed by the Governor pursuant to Part 1 of Article 2 of this chapter, or the adjutant general under delegation by the Governor, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this Code section. A commanding officer's authority under this Code section shall not be delegated.
2. As provided for by subsection (a) of this Code section, any commanding officer may impose upon enlisted members of such commanding officer's command one or more of the following punishments:
   1. An admonition;
   2. A reprimand;
   3. The withholding of privileges for not more than six months, whether or not such withholding is for consecutive months;
   4. Restitution;
   5. The forfeiture of pay of not more than seven days' pay;
   6. A reduction by one grade of a member in the grade of E-4 and below;
   7. Extra duties, including, but not limited to, fatigue duties, for not more than 14 days, whether or not such days are consecutive; and
   8. Restriction to certain specified limits, with or without suspension from duty, for not more than 14 days, whether or not such days are consecutive.
3. As provided for by subsection (a) of this Code section, any commanding officer in the grade of O-4 or above may impose upon enlisted members of such commanding officer's command one or more of the following punishments:
   1. Any punishment authorized in paragraphs (1) through (4) of subsection (b) of this Code section;
   2. The forfeiture of not more than one-half of one month's pay per month for two months;
   3. A reduction by one grade of a member in the grade of E-6 and below;
   4. Extra duties, including, but not limited to, fatigue duties, for not more than 45 days, whether or not such days are consecutive; and
   5. Restriction to certain specified limits, with or without suspension from duty, for not more than 60 days, whether or not such days are consecutive.
4. As provided for by subsection (a) of this Code section, any commanding officer in the grade of O-6 or above may impose upon enlisted members of such commanding officer's command one or more of the following punishments:
   1. Any punishment authorized in paragraphs (1), (2), (4), and (5) of subsection (c) of this Code section; and
   2. A reduction by one grade of a member in the grade of E-7 and below.
5. As provided for by subsection (a) of this Code section, the adjutant general or an officer of a general or flag rank in command may impose one or more of the following punishments:
   1. Upon commissioned or warrant officers under the command of the adjutant general or officers of a general or flag rank command:
      1. Any punishment authorized in paragraphs (1), (2), and (5) of subsection (c) of this Code section; and
      2. Arrest in quarters for not more than 30 days, whether or not such days are consecutive; and
   2. Upon enlisted members under the command of the adjutant general or officers of a general or flag rank command:
      1. Any punishment authorized in paragraph (1) of subsection (d) of this Code section; and
      2. A reduction by one grade.
6. Whenever any of the punishments provided for by this Code section are combined to run consecutively, the total length of the combined punishment shall not exceed the authorized duration of the longest punishment in the combination, and there shall be an apportionment of punishments such that no single punishment in the combination exceeds its authorized length under this Code section.
7. 1. The officer who imposes punishment under this Code section, or such officer's successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. Such officer may also:
      1. Mitigate reduction in grade to forfeiture of pay;
      2. Mitigate arrest in quarters to restriction; or
      3. Mitigate extra duties to restriction.
   2. The mitigated punishment under this subsection shall not be for a greater period than the punishment mitigated. When mitigating reduction in grade to forfeiture of pay, the amount of the forfeiture shall not be greater than the amount that could have been imposed initially under this Code section by the officer who imposed the punishment mitigated.
8. A person punished under this Code section who considers the punishment unjust or disproportionate to the offense may through the proper channel appeal to the next superior authority within 30 days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority shall exercise the same powers with respect to the punishment imposed as may be exercised under subsection (g) of this Code section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority who is to act on the appeal may refer the case to a judge advocate for consideration and advice.
9. The imposition and enforcement of disciplinary punishment under this Code section for any act or omission shall not be a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission and not properly punishable under this Code section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial and, when so shown, it shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.
10. Whenever a punishment of forfeiture of pay is imposed under this Code section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.
11. Regulations issued pursuant to Part 1 of Article 2 of this chapter may prescribe the form of records to be kept of proceedings under this Code section and may prescribe that certain categories of those proceedings shall be in writing.
12. No member has the right to decline nonjudicial punishment under this Code section and to demand any type of court-martial.

(Code 1981, §38-2-1015, enacted by Ga. L. 2015, p. 753, § 1/HB 98; Ga. L. 2016, p. 864, § 38/HB 737.)

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (b)(5).

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PART 4 C LASSIFICATION OF COURTS-MARTIAL

38-2-1016. Classification of courts-martial.

There shall be three kinds of courts-martial in the organized militia:

1. General courts-martial, which shall consist of:
   1. A military judge and not less than six members; or
   2. Only a military judge, if, before the court is assembled, 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 only a military judge and the military judge approves;
2. Special courts-martial, which shall consist of:
   1. A military judge and not less than six members; or
   2. Only a military judge, if one has been detailed to the court, and the accused under the same conditions as those provided for in subparagraph (B) of paragraph (1) of this Code section so requests; and
3. Summary courts-martial, consisting of one commissioned officer.

(Code 1981, §38-2-1016, enacted by Ga. L. 2015, p. 753, § 1/HB 98.)

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