NRS 412.288 - Imposition and enforcement of disciplinary punishment without court-martial.

NV Rev Stat § 412.288 (2019) (N/A)
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1. Subject to NRS 412.286, a commanding officer may impose one or more of the following authorized maximum disciplinary punishments listed in this subsection for minor offenses, without the intervention of a court-martial:

(a) The maximum punishments a company grade officer may impose upon enlisted members of the officer’s command for each offense are:

(1) For traditional guard members of the Nevada National Guard:

(I) Suspension from duty for not more than two drill periods which need not be consecutive;

(II) Forfeiture of pay for not more than two drill periods which need not be consecutive;

(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;

(IV) Withholding of privileges for not more than 6 consecutive months;

(V) Reprimand; and

(VI) Admonition.

(2) For active guard reserve members of the Nevada National Guard:

(I) Suspension from duty for not more than 14 days which need not be consecutive;

(II) Forfeiture of pay for not more than 14 days which need not be consecutive;

(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;

(IV) Withholding of privileges for not more than 6 consecutive months;

(V) Reprimand; and

(VI) Admonition.

(b) The maximum punishments a commanding officer of the grade of major or above may impose upon enlisted members of the officer’s command are:

(1) Any punishment authorized in paragraph (a).

(2) For traditional guard members of the Nevada National Guard:

(I) Suspension from duty for not more than four drill periods which need not be consecutive;

(II) Forfeiture of pay for not more than four drill periods which need not be consecutive; and

(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the 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 may not be reduced more than two pay grades.

(3) For active guard reserve members of the Nevada National Guard:

(I) Suspension from duty for not more than 1 month, the days of which need not be consecutive;

(II) Forfeiture of pay for not more than 1 month, the days of which need not be consecutive; and

(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the 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 may not be reduced more than two pay grades.

(c) The maximum punishments which a commanding officer may impose upon officers under the commanding officer’s command are:

(1) Any punishment otherwise authorized pursuant to this section and, if the commanding officer is a major or above, any punishment authorized in paragraph (b).

(2) If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:

(I) For traditional guard members of the Nevada National Guard, suspension from duty for not more than eight drill periods which need not be consecutive and forfeiture of pay for not more than one-half of one drill period’s pay for eight drill periods which need not be consecutive.

(II) For active guard reserve members of the Nevada National Guard, suspension from duty for not more than 2 months, the days of which need not be consecutive and forfeiture of pay for not more than one-half of 1 month’s pay for 2 months, the days of which need not be consecutive.

2. The Governor, the Adjutant General, an officer exercising general court-martial authority or an officer of a general or flag rank may impose any punishment authorized in subsection 1 upon any officer or enlisted member of the officer’s command.

(Added to NRS by 1967, 1313; A 2013, 1114)