UCSFJ - Subchapter 3

(a) Under such regulations as Star Fleet Command may prescribe, and under such additional regulations as may be prescribed by the Secretary of Star Fleet, 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 warrant 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 member attached to or embarked in a vessel, punishment may not be imposed upon any member of Star Fleet under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. Under similar regulations, rules may be prescribed with respect to the suspension of punishments authorized by regulations of the Secretary of Star Fleet, a commanding officer exercising general court-martial jurisdiction or an officer of flag rank in command may delegate his powers under this article to a principal assistant.

(b) Subject to subsection (a) any commanding officer may, in addition to or in lieu of reprimand, impose one or more of the following disciplinary punishments for minor offenses without the intervention of a court-martial--
(1) upon officers of his command--
     (A) restriction to certain specified limits, with or without suspension from duty, for not more that 30 consecutive days;
     (B) if imposed by an officer exercising general court-martial jurisdictions or an officer of flag rank in command--
          (i) arrest in quarters for not more than 30 consecutive days;
          (ii) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
          (iii) reduction in rank of not more than two grades;
(2) upon other personnel of his command--
     (A) if imposed upon a person attached to or embarked in a vessel, confinement on diminished rations for not more than three consecutive days;
     (B) correctional custody for not more than seven consecutive days;
     (C) reduction to the next inferior pay grade;
     (D) extra duties, including fatigue or other duties, for not more than 14 consecutive days;
     (E) restriction to certain specified limits, with or without suspension from duty, for not more than 14 consecutive days;
     (F) if imposed by an officer of the grade of lieutenant commander, or above--
          (i) the punishment authorized under clause (A);
          (ii) correctional custody for not more than 30 consecutive days;
          (iii) reduction to the lowest or any intermediate rank;
          (iv) extra duties, including fatigue or other duties, for not more than 45 consecutive days;
          (v) restriction to certain specified limits, with or without suspension from duty, for not more than 60 consecutive days;
No two or more of the punishments of arrest in quarters, confinement, diminished rations, correctional custody, extra duties, and restriction may be combined to run consecutively in the maximum amount impossible for each. Whenever any of those punishments are combined to run consecutively, there must be an period of at least 3 days between punishments. For the purpose of this subsection, "correctional custody" is the physical restraint of a person during duty or nonduty hours and may include extra duties, fatigue duties, or hard labor. If practicable, correctional custody will not be served in immediate association with persons awaiting trial or held in confinement pursuant to trial by court-martial.

(c) An officer in charge may impose upon enlisted members assigned to the unit of which he is in charge such of the punishment authorized under subsection (b)(2)(A)-(G) as the Secretary of Star Fleet may specifically prescribe by regulation.

(d) The officer who imposes the punishment authorized in subsection (b), or his successor in command, may, at any time, suspend probationally any part or amount of the unexecuted punishment imposed and may suspend probationally a reduction in grade imposed under subsection (b), whether or not executed. In addition, he may, at any time, remit or mitigate any part or amount of the unexecuted punishment 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 reduction in grade. When mitigating--
     (1) arrest in quarters to restriction;
     (2) extra duties to restriction;
     (3) confinement on diminished rations to correctional custody;
     (4) correctional custody confinement on diminished rations to extra duties or restriction, or both.
The mitigated punishment shall not be for a greater period than the punishment mitigated.

(e) A person punished under this article who considers his punishment unjust or disproportionate to the offense may, through proper channels, appeal to the next superior authority. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment prescribed . The superior authority may exercise the same powers with respect to punishment imposed as may be exercised under subsection (d) by the officer who imposed the punishment.
Before acting on appeal from a punishment of--
     (1) arrest in quarters for more than seven days;
     (2) correctional custody for more than seven days;
     (3) reduction of one or more ranks from the lieutenant commander or higher;
     (4) extra duties for more than 14 days; or
     (5) restriction for more than 14 days.
The authority who is to act on the appeal shall refer the case to a judge advocate or a civilian lawyer for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b).

(f) The imposition and enforcement of disciplinary 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 punishable under this article; but the fact that a disciplinary punishment has been enforced may be shown by the accuse upon trial, and when so shown shall be considered in determining the measure of punishment to be prescribed in the event of a finding of guilty.

(g) The Secretary of Star Fleet may, by regulation, prescribe the form of records to be kept under this article and may also prescribe that certain categories of those proceedings shall be in writing.