Guam § 63715 - (c)(1) above:

§ 63715. (c)(1) above:

(A) forfeiture of not more than ten (10) days’ pay or a fine of not more than Two Hundred

Dollars ($200);

(B) reduction to the lowest or any intermediate 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, but no enlisted member in a pay grade above E-4 may be

reduced more than two (2) pay grades;

(C) extra duties including fatigue or other duties, for not more than fifteen (15) days, which

need not be consecutive, and for not more than two (2) hours per day, holidays included;

(D) restriction to certain specified limits, with or without suspension for duty for not more

than thirty (30) days;

(3) If imposed by a company grade officer upon personnel other than personnel covered by §

63715(c)(1) above:

(A) forfeiture of not more than seven (7) days’ pay or a fine of not more than One Hundred

Dollars ($100);

(B) reduction to 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;

(C) extra duties including fatigue or other duties, for not more than ten (10) days, which need

not be consecutive, and for not more than two (2) hours per day, holidays included;

(D) restriction to certain specified limits, with or without suspension from duty, for not more

than fourteen (14) days;

(4) An officer in charge may impose upon enlisted members assigned to the unit of which he is

in charge, any of the punishments authorized under subsection (c)(3)(A)-(D) of this § 63715 as the

Adjutant General may authorize by regulations.

(5) I Maga’håga/Maga’låhi may only impose punishment under this Subarticle upon officers of

general rank and may impose any of the punishments authorized under (c)(1)(A)-(C) of this § 63715.

(d) Summarized proceedings:

(1) A commander, after a preliminary inquiry into an alleged offense by an enlisted member, may

use summarized proceedings if it is determined that should punishment be found to be appropriate, it

should not exceed:

(A) extra duties for fourteen (14) days;

(B) restriction for fourteen (14) days;

(C) oral reprimand or admonition; or

(D) any combination of (A), (B) or (C).

(2) The summarized proceedings hearing shall consist of:

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(A) consideration of evidence, written or oral, against the member;

(B) examination of available evidence by the member;

(C) presentation by the member of testimony of available witnesses or other matters, in

defense, extenuation, and/or mitigation;

(D) determination of guilt or innocence by imposing commander;

(E) imposition of punishment or termination of the proceedings; and

(F) explanation of right to appeal.

(e) When formal proceedings required. In all cases except summarized proceedings set out in

subsection (d) above, commanders should use formal proceedings conducted in accordance with regulations

and/or guidance as set out by the disciplinary regulations.

(f) Suspension, mitigation or remission of punishment. The officer who imposes the punishment

authorized in subsection (c), or his successor in command, may, at any time, suspend probationally any part

of a reduction in grade or fine or forfeiture imposed under subsection (c), whether or not executed. In

addition, he may, at any time, except as may be limited by regulations of the Guam military forces, remit

or mitigate any part or amount of the unexecuted punishment imposed, and may set aside in whole or in

part the punishment, whether executed or unexecuted; and restore all rights, privileges, and property

affected. He may also mitigate reduction in grade to a fine or forfeiture of pay. When mitigating arrest in

quarters to restriction or extra duties to restriction the mitigated punishment shall not be for a greater period

than the punishment mitigated. When mitigating reduction in grade to a fine or forfeiture of pay, the amount

of the fine or forfeiture shall not be greater than the amount that could have been imposed initially under

this Subarticle by the officer who imposed the punishment mitigated.

(g) Combined punishment limitation. No two (2) or more of the punishments of arrest in quarters, extra

duties, and restrictions may be combined to run consecutively in the maximum amount possible for each.

Whenever any of those punishments are combined to run consecutively, there must be an apportionment.

(h) Right to appeal. A person punished under this Subarticle who considers his punishment unjust or

disproportionate to the offense may, through the proper channel, appeal to the next superior authority,

except that no appeal may be taken above the level of the Adjutant General or from punishment imposed

by the Adjutant General pursuant to § 63715 (c)(1) [and/or] (2) and I Maga’håga/Maga’låhi imposed

pursuant to § 63715(c)(5). The appeal shall be promptly forwarded and decided, but the person punished

may in the meantime be required to undergo the punishment adjudged, except the superior authority should

suspend punishments of arrest in quarters, extra duties and restrictions until after the appeal. The superior

authority may exercise the same powers with respect to the punishment imposed as may be exercised under

subsection (d) by the officer who imposed the punishment. Before acting on any appeal the authority who

is to act on the appeal shall refer the case to a judge advocate for advice on appropriateness of the

punishment and whether the proceedings were conducted under the law and regulations. The judge advocate

is not limited to an examination of written matters of record of proceedings and may make any inquiries

that are necessary.

(i) Not bar to subsequent prosecution. The imposition and enforcement of disciplinary punishment

under this Subarticle for any act or omission is not a bar to trial by court-martial or appropriate civilian

court for a serious crime or offense growing out of the same act or omission, and not properly punishable

under this Subarticle, but the fact that a disciplinary punishment has been enforced may be shown by the

accused upon trial, and when so shown shall be considered in determining the measure of punishment to be

adjudged in the event of a finding of guilty.

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(j) Record of proceedings. The Adjutant General may, by regulation, prescribe the form of records to

be kept of proceedings under this Subarticle, and may also prescribe that certain categories of those

proceedings shall be in writing.

(k) Punishment and limitations. Each form of punishment authorized under this Subarticle are

described and limited as follows:

(1) Admonition and Reprimand. Admonition and reprimand are two forms of censure intended to

express adverse reflection or criticism of a person’s conduct. A reprimand is a more severe form of

censure than an admonition.

Limitation: Although either reprimand or admonition may generally be imposed in the form of verbal

or written censure, where imposed on a commissioned or warrant officer as nonjudicial punishment,

it must be in written form.

(2) Arrest in quarters. Arrest in quarters is the limiting of a person’s liberty by an order requiring

that he remain in his quarters. The limit is created through moral (duty to obey order) rather than

physical restraint. A person undergoing this punishment may be required to perform those duties

prescribed by superior authority, but must remain within the limits of his quarters unless the limits of

arrest are otherwise extended by appropriate authority.

Limitation: This punishment may be imposed only upon officers and will not be performed beyond a

date one hundred eighty (180) days from the date the punishment is ordered executed.

(3) Extra duties. Extra duties involve the performance of duties in addition to those normally

assigned to the person being punished. The extra duty may be any type of military duty, including

fatigue duties, and may extend for two (2) hours on each of the days the punishment is to be performed.

Limitation: No extra duty may be imposed which constitutes a known safety or health hazard to the

member or which constitutes cruel or unusual punishment or which is not sanctioned by customs of

the service concerned. Extra duties assigned as punishment of noncommissioned officers, or any other

enlisted persons of equivalent grades or positions, should not be of a kind that demeans or degrades

their positions. This punishment will not be performed beyond a date one hundred twenty (120) days

from the date the punishment is ordered executed.

(4) Fine. A fine is a pecuniary sanction requiring the immediate payment of the dollar penalty

assessed.

(5) Forfeiture of pay. Forfeiture means a permanent loss of entitlement to the pay forfeited.

Limitation: If the punishment includes both reduction, whether or not suspended, and forfeiture of pay,

the forfeiture must be based on the grade to which reduced.

(6) Reduction in grade. Reduction in grade means the reduction of an enlisted member to a lower

pay grade.

Limitation: The reduction may not be by more than two pay grades and may only be taken when the

nonjudicial punishment authority, or any subordinate of his, has the authority to promote to the grade

held by the member prior to his reduction.

(7) Restriction. Restriction is the least severe form of deprivation of liberty. Like arrest in

quarters, restriction involves moral rather than physical restraint. It requires the subject of the

punishment to restrict himself to a prescribed geographical area and may also limit his activities. A

person undergoing restriction may be required to report to a designated place at specified times to

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ensure that the punishment is being properly executed. Unless otherwise specified by the authority

imposing punishment, a person in restriction may be required to perform any military duty.

Limitation: This punishment will not be performed beyond a date one hundred twenty (120) days from

the date the punishment is ordered executed.

(l) Calculation and execution of punishment. Each form of punishment imposed under this Subarticle,

which has a defined duration or dollar amount, will be calculated and executed as follows:

(1) Arrest in quarters, restriction or extra duties. Periods of arrest in quarters, restriction or extra

duties will always be imposed in terms of days, never in months or fractions thereof. A period of such

punishment need not be in consecutive days. Such punishment will be served, rather, on each following

“duty” day performed by the member until the punishment has been completed. However, in the case

of extra duty punishment, the punishment may be served on non-consecutive duty days at the discretion

of the imposing authority. For purposes of this section a “duty” day is a calendar day on which the

member is on a duty status (as defined by § 63701(7) of this Code) for eight(8) hours or more.

(2) Fine or forfeiture. Fines or forfeitures will be expressed in whole dollar amounts at the time

of imposition. In determining maximum forfeiture, a day’s pay will be the amount of pay that would

be received were the member on active duty for one day (i.e. each four hour drill training unit will

count as a day for purposes of an IDT’s pay). The definition of “pay” will be that defined by §

63701(21) of this Code. A fine will be due for payment on the date of the punishment’s execution,

although the imposing authority may permit (for cause shown) an extension. In the event of a

forfeiture, the subject member’s pay will be forfeited from the date of execution until the total dollar

amount imposed has been reached.