Nevada § 412.2875 - Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding

§ 412.2875. Imposition of nonjudicial punishment: Duty of commanding officer; imposition not bar to court-martial or other legal proceeding

1. This section sets forth the law, policies and procedures for nonjudicial punishment

in the state military forces. Unless modified by this Code, the procedures contained in Chapter 3 of Army Regulation

27-10 and Air Force Instruction 51-202, as they may be amended or replaced, apply

to nonjudicial punishment in this Code. 2. Each commanding officer shall use nonjudicial punishment as an essential and prompt

means of maintaining good order and discipline, and to promote positive behavior and

changes in servicemen and servicewomen without the stigma of a court-martial conviction. 3. No superior may: (a) Direct that a subordinate authority impose nonjudicial punishment in a particular

case; or (b) Issue regulations or guidelines which suggest to subordinate authorities that

certain categories of minor offenses be disposed of by nonjudicial punishment instead

of by court-martial or disposed of by administrative corrective measures, or that

predetermined types or amounts of punishment be imposed for certain classifications

of offenses that the subordinate authority considers appropriate for disposition by

nonjudicial punishment. 4. Nonjudicial punishment may be imposed for a minor offense. Whether an offense is minor must be determined by, without limitation: (a) The nature of the offense and the circumstances surrounding the commission of

the offense; (b) The age, rank, duty assignment, record and experience of the offender; and (c) The maximum possible sentence that could be imposed for the offense if tried by

general court-martial. 5. The decision as to whether an offense is minor is a matter of discretion for the

commanding officer imposing nonjudicial punishment. The imposition and enforcement of nonjudicial punishment pursuant to NRS 412.286 to 412.302 , inclusive, is not a bar to a trial by court-martial or other legal proceeding for

a serious crime or offense growing out of the same act or omission and not properly

punishable pursuant to NRS 412.286 to 412.302 , inclusive, but the fact that a nonjudicial punishment has been enforced pursuant

thereto may be shown by the accused at trial and when so shown must be considered

in determining the severity of punishment to be adjudged in the event of a finding

of guilty.