EXECUTION OF PUNISHMENTS

All punishments, if not suspended, take effect when imposed. This means that the punishment in most cases will take effect when the CO informs the accused of his or her decision. Thus, if the CO wishes to impose a prospective punishment, one to take effect at a future time, he or she should simply delay the impositions of nonjudicial punishment altogether. There are, however, several specific rules that authorize the deferral or stay of a punishment already imposed.

Deferral of Correctional Custody or Confinement on Bread and Water or Diminished Rations

Section 0113b(3) of the JAG Manual permits a CO or an OIC to defer correctional custody, confinement on bread and water, or confinement on diminished rations for up to 15 days when adequate facilities are not available; the exigencies of the service so require; or the accused is not physically fit for the service of the punishments.

Deferral of Restraint Punishments Pending NJP Appeal

A service member who has appealed nonjudicial punishment may be required to undergo any punishment imposed while the appeal is pending. However, if action is not taken on the appeal within 5 days after the appeal was submitted, and if the service member so requests, any unexecuted punishment involving restraint or extra duties is stayed until action on the appeal is taken.

Interruptions of Restraint Punishment by Subsequent NJP

The execution of any nonjudicial punishment involving restraint will normally be interrupted by a later nonjudicial punishment where restraint is awarded. Thereafter, the unexecuted portion of the prior restraint punishment will be executed. The officer imposing the later punishment, however, may order that the prior punishment be completed before the service of the later punishment.

Interruption of Punishment by Unauthorized Absence (UA)

Service of all nonjudicial punishments is interrupted during any period of unauthorized absence (UA). Also, a punishment of reduction may be executed during any period of UA.

COMBINATION OF PUNISHMENTS

When NJP is awarded, certain combinations of

punishments are authorized ^{and some combinations} are unauthorized. Refer to ^{part V, par. 5d, MCM,} 1984, for more information.

Acceptable Combinations

Here are a few examples of acceptable combinations of punishments:

1. If an O-4 CO wishes to impose the maximum amount of all permissible nonjudicial punishments upon an E-3, the maximum that could be imposed would be:

a. a punitive letter of reprimand or admonition (or an oral reprimand or admonition);

b. reduction to E-2;

c. forfeiture of one-half pay per month for 2 months (based upon the reduced rate); and

d. 45 days' restriction and extra duties to be served concurrently.

2. If an O-3 CO (or any OIC, regardless of grade) wishes to impose the maximum amount of all permissible nonjudicial punishments upon an E-3, the maximum that could be imposed would be:

a. a punitive letter of reprimand or admonition (or an oral reprimand or admonition);

b. reduction to E-2;

c. forfeiture of 7 days' pay (based upon the reduced rate); and

d. 14 days' restriction and extra duties to be served concurrently.

Unacceptable Combinations

The following combinations of NJP punishments are unacceptable: . Arrest in quarters may not be imposed in combination with restriction.

Confinement on bread and water or diminished rations may not be imposed in combination with correctional custody, extra duties, or restriction.

Correctional custody may not be imposed in combination with restriction or extra duties.

Restriction and extra duties may be combined to run concurrently, but the combination may not exceed the maximum that can be awarded for extra duties.