A. The rules and procedures for the imposition of nonjudicial punishment shall be as prescribed in Article 15, Uniform Code of Military Justice and in the Manual for Courts-Martial, United States, 1984, Part V, except as stated to the contrary in Subsection D of Section 20-12-4 NMSA 1978 and as follows in this section.

B. Cognizance of and punishment for unexcused absence from unit training assembly, drill or annual training at the prescribed times by an enlisted member following a first such offense with documented warning may be punished nonjudicially as follows:

(1) the accused's unit commander shall inform the accused of his intent to impose the punishment prescribed herein by personal service or by certified United States mail, return receipt requested, to the accused's last address of military record;

(2) the accused may not refuse nonjudicial punishment or demand trial by court-martial but may submit matters in defense, extenuation or mitigation, may request a hearing before the commander and may appeal the punishment imposed; and

(3) the punishment imposed shall be limited to a reduction of one grade or a suspended reduction of one grade. If the punishment is suspended, the suspension may be vacated and the punishment ordered executed by personal service or by certified United States mail, return receipt requested, to the accused's last known address of military record.

C. In any nonjudicial punishment action, a fine may be substituted for the equivalent forfeiture.

History: 1978 Comp., § 20-12-11, enacted by Laws 1987, ch. 318, § 96; 1989, ch. 337, § 11.

Cross references. — For Article 15 of the Uniform Code of Military Justice, see 10 U.S.C. § 815.

The 1989 amendment, effective June 16, 1989, in Subsection B, added the second sentence in Paragraph (3); and added Subsection C.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 53A Am. Jur. 2d Military and Civil Defense §§ 257, 258, 259.

6 C.J.S. Armed Services §§ 295, 298.