Nevada § 412.286 - Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers

§ 412.286. Limitations on powers of commanding officer concerning nonjudicial punishment; delegation of powers

1. Under Office regulations, limitations may be placed on the powers granted by NRS 412.286 to 412.302 , inclusive, with respect to the kind and amount of punishment authorized and the

categories of commanding officers and warrant officers exercising command authorized

to exercise those powers. Under Office regulations, rules may be prescribed with respect to the suspension

of punishments authorized hereunder. If authorized by Office regulations, a commanding officer exercising general court-martial

jurisdiction or an officer of general rank in command may delegate his or her powers

under NRS 412.286 to 412.302 , inclusive, to a principal assistant. 2. When nonjudicial punishment has been imposed for an offense, nonjudicial punishment

may not again be imposed for the same offense. Administrative action can be taken for the same offense and will not be considered

double punishment under the Code. For the purposes of this subsection, “ same offense ” means an offense that was part of a single incident or course of conduct. 3. After nonjudicial punishment has been imposed, it may not be increased, upon appeal

or otherwise, unless the punishment imposed was not provided for in the Code. 4. When a commanding officer determines that nonjudicial punishment is appropriate

for a particular serviceman or servicewoman, all known offenses determined to be appropriate

for disposition by nonjudicial punishment and ready to be considered at that time,

including, without limitation, all such offenses arising from a single incident or

course of conduct, must ordinarily be considered together, rather than being made

the basis for multiple punishment. 5. Nonjudicial punishment may not be imposed for any offense which was committed more

than 3 years before the date of imposition of punishment, unless such 3-year limitation

is waived by the accused in writing or unless the accused has filed an appeal under

this Code. 6. Nothing in subsection 2 or 4 precludes a commanding officer from imposing, at one

time, more than one punishment nonjudicially for the offense or offenses arising from

a single incident or course of conduct authorized in the Code.