Page:United States Statutes at Large Volume 76.djvu/497

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[76 Stat. 449]
PUBLIC LAW 87-000—MMMM. DD, 1962
[76 Stat. 449]

76 STAT. ]

PUBLIC LAW 87-648-SEPT. 7, 1962

" (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 subsection (b)(2)(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; i "(iv) reduction to the lowest or any intermediate pay grade, if the grade from which demoted is within • the promotion authority of the officer imposing the re'^ duction or any officer suoordinate to the one who imposes the reduction, but an enlisted member 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 consecutive days; "(vi) restrictions to certain specified limits, with or

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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 term of service expires earlier, the detention shall terminate upon that expiration. No two or more of the punishments of arrest in quarters, confinement on bread and water or diminished rations, correctional custody, 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. 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, 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 punishments authorized under subsection (b)(2)(A) - (G) as the Secretary concerned 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 or a forfeiture 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. H e may also mitigate reduction in grade to forfeiture or detention of pay. When mitigating— "^1) arrest in quarters to restriction; " (2) confinement on bread and water or diminished rations to correctional custody;

78135 0-63—32

449