Page 639 - Trump Executive Orders 2017-2021
P. 639

10342        Federal Register / Vol. 83, No. 46 / Thursday, March 8, 2018 / Presidential Documents


                     (3) Correctional custody may not be imposed in combination with restriction or extra duties;
                     (4) Restriction and extra duties may be combined to run concurrently, but the combination
                 may not exceed the maximum imposable for extra duties;
                     (5) Subject to the limits in subparagraphs 5d(l) through (4) all  authorized punishments may
                 be imposed in a single case in the maximum amounts.
                 e. Punishments imposed on reserve component personnel while on inactive-duty training. When
                 a punishment under Article 15  amounting to a deprivation ofliber1y (for example, restriction,
                 correctional custody, extra duties, or arrest in quarters) is imposed on a member of a reserve
                 component during a period of inactive-duty training, the punishment may be served during one
                 or both of the following:
                     (1) A normal period of inactive-duty training; or
                     (2) A subsequent period of active duty (not including a period of active duty under Article
                 2(d)(1), unless such active duty was approved by the Secretary concerned).
                 Unserved punishments may be carried over to subsequent petiods of inactive-duty training or
                 active duty.  A sentence to forfeiture of pay may be collected from  active duty and inactive-duty
                 training pay during subsequent periods of duty.
                 f. Punishments imposed on reserve component personnel1vhen ordered to active du(v for
                 disciplinary pwy;m;es.  When a punishment under Article 15 is imposed on a member of a reserve
                 component during a period of active duty to which the reservist was ordered pursuant to R.C.M.
                 204 and which constitutes a deprivation of liberty (for example, restriction, correctional  custody,
                 extra duties, or arrest in quarters), the punishment may be served during any or all of the
                 following:
                     (1) That period of active duty to which the reservist was ordered pursuant to Article 2(d), but
                 only where the order to active duty was approved by the Secretary concerned;
                     (2) A subsequent normal period of inactive-duty training; or
                     (3) A subsequent period of active duty (not including a period of active duty pursuant to
                 R.C.M. 204 which was not approved by the Secretary concerned).
                 Unserved punishments may be carried over to subsequent periods of inactive-duty training or
                 active duty. A sentence to forfeiture of pay may be collected from active duty and inactive-duty
                 training pay during subsequent periods of duty.
                 g. Ejjective date and execution ofpunishments. Reduction and forfeiture of pay, ifunsuspended,
                 take efiect on the date the commander imposes the punishments. Other punishments, if
                 unsuspended, will take effect and be carried into execution as prescribed by the Secretary
                 concerned.

                 6. Suspension, mitigation, •·emission, and setting aside
                 a. Suspension.  The nonjudicial punishment authority who imposed nonjudicial punishment, the
                 commander who imposes nonjudicial punishment, or a successor in command over the person
                 punished, may, at any time, suspend any part or amount of the unexecuted punishment imposed
                 and may suspend a reduction in grade or a forfeiture, whether or not executed, subject to the
                 following rules:
                     (  1) An executed punishment of reduction or forfeiture of pay may be suspended only within a
                 period of 4 months after the date of execution.
                     (2) Suspension of a punishment may not be for a period longer than 6 months from the date
                 of the suspension, and the expiration of the current enlistment or term of service of the
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                 Servicemember involved automatically terminates the period of suspension.


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