Okla. Stat. tit. 44, § 44-815

ARTICLE 15. Commanding officer's nonjudicial punishment.

A. Except as provided in subsection B of this section, any

commanding officer may impose disciplinary punishments for minor

offenses arising under the punitive articles of the Oklahoma Uniform

Code of Military Justice without the intervention of a court-

martial.

Oklahoma Statutes - Title 44. Militia Page 73

B. Any commanding officer may limit or withhold the exercise of

nonjudicial punishment authority by subordinate commanders,

including limiting authority over certain categories of military

personnel or offenses. Likewise, individual cases may be reserved

by a superior commander. A superior authority may limit or withhold

any power that a subordinate might otherwise exercise under this

section.

C. Except as provided in subsection L of this section, the

Governor or Adjutant General may delegate the powers established

under this section to a commanding officer who is a member of the

state military forces and is also a member of the same force

component as the accused.

D. Except as provided in subsection S of this section, any

commanding officer may impose upon enlisted members of the officer's

command:

1. An admonition;

2. A reprimand;

3. The withholding of privileges for not more than six (6)

months which need not be consecutive;

4. The forfeiture of pay of not more than seven (7) days' pay;

5. A fine of not more than seven (7) days' pay;

6. A reduction to the next inferior 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

imposes the reduction;

7. Extra duties, including fatigue or other duties, for not

more than fourteen (14) days, which need not be consecutive; and

8. Restriction to certain specified limits, with or without

suspension from duty, for not more than fourteen (14) days, which

need not be consecutive.

E. Except as provided in subsection S of this section, any

commanding officer of the grade of major or above may impose upon

enlisted members of the officer's command:

1. An admonition;

2. A reprimand;

3. The withholding of privileges for not more than six (6)

months which need not be consecutive;

4. The forfeiture of not more than one-half (1/2) of one (1)

month's pay per month for two (2) months;

5. A fine of not more than one (1) month's pay;

6. A reduction to the lowest or any intermediate pay grade, if

the grade from which demoted is within the promotion authority of

the commanding officer imposing the reduction or any officer

subordinate to the one who imposes the reduction, but an enlisted

member in a pay grade above E-4 shall not be reduced more than two

pay grades;

Oklahoma Statutes - Title 44. Militia Page 74

7. Extra duties, including fatigue or other duties, for not

more than forty-five (45) days which need not be consecutive; and

8. Restriction to certain specified limits, with or without

suspension from duty, for not more than sixty (60) days which need

not be consecutive.

F. The Governor, the Adjutant General, or an officer exercising

general or special court-martial convening authority may impose:

1. Upon officers of the officer's command:

a. any punishment authorized in subsection E of this

section, except for the punishments provided in

paragraphs 6 and 7 of subsection E of this section,

and

b. arrest in quarters for not more than thirty (30) days

which need not be consecutive; and

2. Upon enlisted members of the officer's command, any

punishment authorized in subsection E of this section.

Admonitions or reprimands given as nonjudicial punishment to

commissioned officers and warrant officers shall be administered in

writing. In all other cases, unless otherwise prescribed by

regulations promulgated by the Adjutant General, such punishments

may be administered either orally or in writing.

G. Whenever any punishments are combined to run consecutively,
bsection E of this section.

Admonitions or reprimands given as nonjudicial punishment to

commissioned officers and warrant officers shall be administered in

writing. In all other cases, unless otherwise prescribed by

regulations promulgated by the Adjutant General, such punishments

may be administered either orally or in writing.

G. Whenever any punishments are combined to run consecutively,

the total length of the combined punishment shall not exceed the

authorized duration of the longest punishment included in the

combination, and there shall be an apportionment of punishments so

that no single punishment in the combination exceeds its authorized

length under this section.

H. Once the commanding officer has determined that nonjudicial

punishment is appropriate, the commanding officer shall provide

reasonable notice to the member of his or her intent to impose

nonjudicial punishment. At the time the commanding officer provides

notification as required in this subsection, the member shall be

entitled to examine all statements and other evidence that the

commander has examined and intends to rely upon as the basis for

punishment. The member shall be provided a copy of the documentary

evidence unless it is privileged, classified, or otherwise

restricted by law, regulation, or instruction. At the time the

commanding officer provides notification as required in this

subsection, the commanding officer shall also inform the member as

to the quantum of punishment potentially to be imposed. While a

member undergoing nonjudicial punishment is not entitled to

representation by a duly appointed defense counsel, the member may

seek legal advice from any judge advocate available for this

purpose. Upon notification by the officer of his or her intent to

impose judicial punishment, the member shall provide a response

within forty-five (45) calendar days.

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I. The right to demand trial by court-martial in lieu of

nonjudicial punishment shall arise only when arrest in quarters or

restriction will be considered as punishments. If the commanding

officer determines that arrest in quarters or restriction will be

considered as punishments, prior to the offer of nonjudicial

punishment the member shall be notified in writing of the right to

demand trial by court-martial. Should the commanding officer

determine that the punishment options will not include arrest in

quarters or restriction, the member shall be notified that there is

no right to trial by court-martial in lieu of nonjudicial

punishment. Upon notification by the commanding officer of his or

her intent to impose nonjudicial punishment that includes arrest in

quarters or restriction, the member shall be afforded a reasonable

amount of time to confer with legal counsel and to prepare a

response.

J. The commanding officer who imposes the punishment, or his or

her 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. The commanding

officer may also mitigate:

1. Reduction in grade to forfeiture of pay;

2. Arrest in quarters to restriction; or

3. Extra duties to restriction.

The mitigated punishment 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

article by the officer who imposed the punishment mitigated.

K. A person punished under this section who considers the

punishment unjust or disproportionate to the offense may, through

his or her chain of command, appeal to a senior officer designated

by the Adjutant General to adjudicate appeals arising from

nonjudicial punishment. A senior officer so designated by the

Adjutant General shall be a member of the same component of the
ishment mitigated.

K. A person punished under this section who considers the

punishment unjust or disproportionate to the offense may, through

his or her chain of command, appeal to a senior officer designated

by the Adjutant General to adjudicate appeals arising from

nonjudicial punishment. A senior officer so designated by the

Adjutant General shall be a member of the same component of the

state military forces as the accused. An appeal made pursuant to

this subsection shall be lodged within fifteen (15) days after the

punishment is announced to the member. The commanding officer

exercising appellate authority may, at his or her discretion, extend

the deadline for an appeal. The appeal shall be promptly forwarded

and decided, and the member shall not be punished until the appeal

is decided. The senior officer designated by the Adjutant General

as exercising appellate authority may exercise the same powers with

respect to the punishment imposed as may be exercised under

subsection I of this section by the officer who imposed the

punishment. Before acting on an appeal from a punishment, the

senior officer exercising appellate authority shall refer the case

to a judge advocate for consideration and advice. When a senior

Oklahoma Statutes - Title 44. Militia Page 76

officer is designated by the Adjutant General to adjudicate appeals

arising from nonjudicial punishment, such designation shall be

accomplished in writing and shall be considered a military

publication, as defined in Section 801 of this title (Article 1).

L. Except for nonjudicial punishment imposed by the Governor or

the Adjutant General, the final appellate authority for nonjudicial

punishment imposed within state military forces is the Adjutant

General. A person punished under this section whose appeal was

previously denied by a senior officer designated to adjudicate

appeals may, through his or her chain of command, lodge an

additional appeal with the Adjutant General within five (5) days

after the appeal is denied. In the event the officer imposing

nonjudicial punishment is a senior officer who is also designated to

adjudicate appeals arising from nonjudicial punishment, an appeal

thereof shall be addressed directly to the Adjutant General. In the

event the officer imposing nonjudicial punishment is the Adjutant

General, an appeal thereof shall be addressed directly to the

Governor. An appeal offered pursuant to this subsection shall be

made only in writing. Neither the Governor nor the Adjutant General

shall delegate his or her duties as an appellate authority under

this subsection.

M. Whenever nonjudicial punishment is imposed under this

section:

1. After adjudication and while the punishment is being carried

out or while the adjudged punishment is pending before the appellate

authority, the commander or officer in charge who imposed the

nonjudicial punishment, upon the request of the member, may:

a. excuse the member from attendance at scheduled unit

training assemblies, or

b. arrange for the member to drill on alternate dates and

in alternate locations; or

2. If necessary to maintain good order and discipline within

the unit, the commanding officer who imposed the nonjudicial

punishment may order the member to drill on alternate dates and in

alternate locations. The order shall be reduced to writing and

shall become part of the record of nonjudicial punishment.

N. The imposition and enforcement of disciplinary punishment

under this 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 crime or offense arising out of the same act or omission; but

the fact that a disciplinary punishment has been enforced may be

demonstrated by the member upon trial and, when so demonstrated, it

shall be considered in determining the measure of punishment to be

adjudged in the event of a finding or verdict of guilty.
trial by court-martial or a civilian court of competent jurisdiction

for a crime or offense arising out of the same act or omission; but

the fact that a disciplinary punishment has been enforced may be

demonstrated by the member upon trial and, when so demonstrated, it

shall be considered in determining the measure of punishment to be

adjudged in the event of a finding or verdict of guilty.

Nonjudicial punishment shall not be imposed for an offense

previously tried by a civilian court unless so authorized by

regulations promulgated by the Adjutant General.

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O. When nonjudicial punishment has been imposed for an offense,

punishment shall not again be imposed for the same offense under

this section. Once nonjudicial punishment has been imposed, it may

not be increased, upon appeal or otherwise. When a commanding

officer determines that nonjudicial punishment is appropriate for a

particular member, all known offenses determined to be appropriate

for disposition by nonjudicial punishment and ready to be considered

at that time, including all offenses arising from a single incident

or course of conduct, shall be considered together and shall not be

made the basis for multiple punishments. This subsection shall in

no way restrict the right of a commanding officer to prefer court-

martial charges for an offense previously punished under the

provisions of this section.

P. In accordance with subsection B of Section 843 of this title

(Article 43, subsection B), a person accused of an offense is not

liable to be punished under this section if the offense was

committed more than two (2) years before the imposition of

punishment. Periods in which the member is absent without authority

shall be excluded in computing the period of limitation prescribed

in this section.

Q. Whenever a punishment of forfeiture of pay is imposed under

this section, the forfeiture shall not apply to pay accruing before

the date that punishment is imposed, but only pay accruing on or

after the date that punishment is imposed.

R. The Adjutant General may promulgate regulations prescribing

the type and form of records to be kept of proceedings conducted

pursuant to this section. The Adjutant General may promulgate any

other regulations necessary to carry out the provisions of this

section.

S. For purposes of this section, no member of the Oklahoma

National Guard of the rank of E-8 or E-9 shall be reduced in rank

pursuant to this section except when the reduction results from

nonjudicial punishment imposed by an officer of the Oklahoma

National Guard of the rank of Brigadier General or by the Adjutant

General. When imposing nonjudicial punishment on enlisted persons

of the rank of E-7 or below, a commander or officer in charge who

possesses the rank of colonel may consider reduction in rank as a

possible punishment.