NRS 412.288
Imposition and enforcement of disciplinary punishment without court-martial.

1.

Subject to NRS 412.286, a commanding officer may impose one or more of the following authorized maximum disciplinary punishments listed in this subsection for minor offenses, without the intervention of a court-martial:

(a)

The maximum punishments a company grade officer may impose upon enlisted members of the officer’s command for each offense are:

(1)

For traditional guard members of the Nevada National Guard:
(I) Suspension from duty for not more than two drill periods which need not be consecutive;
(II) Forfeiture of pay for not more than two drill periods which need not be consecutive;
(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;
(IV) Withholding of privileges for not more than 6 consecutive months;
(V) Reprimand; and
(VI) Admonition.

(2)

For active guard reserve members of the Nevada National Guard:
(I) Suspension from duty for not more than 14 days which need not be consecutive;
(II) Forfeiture of pay for not more than 14 days which need not be consecutive;
(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction;
(IV) Withholding of privileges for not more than 6 consecutive months;
(V) Reprimand; and
(VI) Admonition.

(b)

The maximum punishments a commanding officer of the grade of major or above may impose upon enlisted members of the officer’s command are:

(1)

Any punishment authorized in paragraph (a).

(2)

For traditional guard members of the Nevada National Guard:
(I) Suspension from duty for not more than four drill periods which need not be consecutive;
(II) Forfeiture of pay for not more than four drill periods which need not be consecutive; and
(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(3)

For active guard reserve members of the Nevada National Guard:
(I) Suspension from duty for not more than 1 month, the days of which need not be consecutive;
(II) Forfeiture of pay for not more than 1 month, the days of which need not be consecutive; and
(III) Reduction to the next inferior pay grade if the grade from which the serviceman or servicewoman is demoted is within the authority to promote of the officer imposing the reduction or any officer subordinate to the one who imposes the reduction, but an enlisted member in a pay grade above E-4 may not be reduced more than two pay grades.

(c)

The maximum punishments which a commanding officer may impose upon officers under the commanding officer’s command are:

(1)

Any punishment otherwise authorized pursuant to this section and, if the commanding officer is a major or above, any punishment authorized in paragraph (b).

(2)

If imposed by an officer exercising general court-martial jurisdiction or an officer of general rank in command:
(I) For traditional guard members of the Nevada National Guard, suspension from duty for not more than eight drill periods which need not be consecutive and forfeiture of pay for not more than one-half of one drill period’s pay for eight drill periods which need not be consecutive.
(II) For active guard reserve members of the Nevada National Guard, suspension from duty for not more than 2 months, the days of which need not be consecutive and forfeiture of pay for not more than one-half of 1 month’s pay for 2 months, the days of which need not be consecutive.

2.

The Governor, the Adjutant General, an officer exercising general court-martial authority or an officer of a general or flag rank may impose any punishment authorized in subsection 1 upon any officer or enlisted member of the officer’s command.

Source: Section 412.288 — Imposition and enforcement of disciplinary punishment without court-martial., https://www.­leg.­state.­nv.­us/NRS/NRS-412.­html#NRS412Sec288.

412.012
Definitions. 412.014
“Office” defined. 412.016
“Office regulations” defined. 412.018
“Officer” defined. 412.022
“Reservists” defined. 412.024
“Volunteers” defined. 412.026
Composition of militia. 412.032
Powers and duties of officers 412.034
Governor as Commander in Chief 412.036
Applicability of custom and usage of United States Army and United States Air Force. 412.038
Service of Nevada National Guard outside State. 412.042
Military staff of Governor. 412.044
Adjutant General: Appointment 412.046
Adjutant General: Restriction on holding other office of profit. 412.048
Adjutant General: Duties 412.052
Adjutant General: Additional duties 412.054
Assistant Adjutants General. 412.056
Acting Adjutant General. 412.058
United States Property and Fiscal Officer. 412.062
Attorney General as military legal adviser. 412.064
Establishment 412.066
Enumeration of powers and duties not exclusive. 412.068
Adjutant General as Director of Office. 412.072
Organization and reorganization of Office. 412.074
Army and air technicians. 412.076
Status of members of militia and employees on active duty. 412.082
Drawing warrants. 412.084
Receipt and disposition of certain federal money. 412.086
Deposits in State General Fund and Permanent School Fund. 412.088
Promotion of practice with rifle and pistol. 412.092
“Armory” defined. 412.094
Control of armory and property 412.096
Insurance against loss and mysterious disappearance of equipment and supplies. 412.098
Armory and arsenal: Duties of State Public Works Division of Department of Administration. 412.102
Armory: Provision 412.103
Acceptance by Adjutant General of equipment, supplies, arms, facilities and funding for personnel support authorized and appropriated by federal law. 412.104
Reconveyance of land to political subdivision. 412.106
Use of armory. 412.108
Lease or agreement for use of armory 412.109
Lease or agreement for use of facility of Office other than armory 412.112
Army National Guard. 412.114
Air National Guard. 412.116
Organization and training 412.117
Privacy of members of opposite sexes. 412.118
Assemblies, periodic training and other duties. 412.122
Governor may order National Guard into active service of State and declare martial law 412.123
Order calling National Guard into active service: Directed to commanding officer 412.124
Adjutant General may order National Guard to active duty with Governor’s approval 412.126
Voluntary military organization: Licensing by Governor 412.128
Ordering reservists of National Guard or volunteer military organization into active service 412.134
Reservists and volunteers on active duty: Period 412.136
Deserters. 412.138
Pay and allowances when National Guard used as labor force. 412.139
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Participation in training, active service or duty, or other required meetings 412.142
Industrial insurance 412.143
Postsecondary educational benefits. 412.144
Credit for active federal service. 412.146
Eligibility to state office of federally paid members of militia. 412.152
Privileged reports and communications 412.153
Personal information in documents submitted to county recorder: Confidentiality. 412.154
Immunity from civil and criminal liability 412.156
Appointment and promotion of commissioned officer 412.158
Applicability of chapter to warrant officers. 412.162
Nevada Military Academy: Creation 412.164
Qualifications. 412.166
Oath. 412.168
Assignment, reassignment, transfer or detailing 412.172
Resignation 412.174
Certain absence without leave considered resignation. 412.176
Efficiency and medical examining boards 412.178
Efficiency and medical examining boards: Procedure 412.182
Responsibility for public property. 412.186
Nevada National Guard Association. 412.188
Enlistment, period of service, oath, transfer and discharge 412.192
Noncommissioned officers. 412.194
Absence without leave: Discharge. 412.196
Short title. 412.198
Definitions. 412.202
“Accuser” defined. 412.204
“Active state duty” defined. 412.206
“Apprehension” defined. 412.208
“Arrest” defined. 412.212
“Code” defined. 412.214
“Commanding officer” defined. 412.216
“Commissioned officer” defined. 412.218
“Confinement” defined. 412.222
“Convening authority” defined. 412.224
“Enlisted member” defined. 412.226
“Grade” defined. 412.232
“Legal officer” defined. 412.234
“May” defined. 412.236
“Military” defined. 412.238
“Military court” defined. 412.239
“Military judge” defined. 412.242
“Nevada National Guard” defined. 412.243
“Nonjudicial punishment” defined. 412.244
“Rank” defined. 412.246
“Shall” defined. 412.247
“Staff judge advocate” defined. 412.248
“State Judge Advocate” defined. 412.249
“State military forces” defined. 412.252
“Superior commissioned officer” defined. 412.253
Principal assistant: Conditions for assumption of command 412.254
Applicability. 412.256
Jurisdiction over certain offenses and to try certain personnel. 412.258
Application for court-martial by dismissed commissioned officer 412.262
Territorial applicability of Nevada Code of Military Justice. 412.263
Failure to comply with procedural provision of Code does not invalidate punishment imposed unless substantial right of servicemen or servicewomen materially prejudiced by error. 412.264
Judge advocates and legal officers. 412.266
Apprehension by authorized persons 412.267
Arrest of member failing or refusing to report to place of duty 412.268
Apprehension of deserter. 412.272
Order of apprehension, arrest or confinement. 412.274
Restraint of person charged with offense 412.276
Place of confinement. 412.277
Limitations on confinement. 412.278
Receipt of prisoner 412.282
Certain punishments prohibited while held for trial or result of trial 412.284
Delivery of offender to civil authority 412.286
Limitations on powers of commanding officer concerning nonjudicial punishment 412.287
Duty of commanding officer to maintain good order and discipline 412.288
Imposition and enforcement of disciplinary punishment without court-martial. 412.293
Use of formal proceeding by commanding officer after consultation 412.294
Suspension, remission or mitigation of punishment. 412.296
Appeal to superior authority. 412.298
Disciplinary punishment not bar to court-martial. 412.302
Records of nonjudicial punishment. 412.304
Courts-martial of Nevada National Guard not in federal service 412.306
Jurisdiction of courts-martial of each force. 412.307
Jurisdiction of courts-martial of each component and branch of state military forces. 412.308
General court-martial. 412.312
Special court-martial. 412.314
Summary court-martial. 412.316
Sentence of dismissal or dishonorable discharge must be approved by Governor. 412.318
When complete record of proceedings and testimony required. 412.322
Authorized sentence of general or special court-martial after declaration of war and before jurisdiction of United States Code of Military Justice. 412.324
Convening general court-martial. 412.326
Convening special court-martial. 412.328
Convening summary court-martial. 412.332
Eligibility to serve on courts-martial 412.334
Military judge of general or special court-martial. 412.336
Trial counsel and defense counsel. 412.338
Court reporter and interpreter. 412.342
Absence or excusal of member of court-martial 412.344
Charges and specifications. 412.346
Compulsory self-incrimination and immaterial, degrading, coerced or unlawfully obtained evidence prohibited 412.348
Investigation: Procedure 412.352
Forwarding of charges to Governor. 412.354
Advice of State Judge Advocate 412.356
Service of charges. 412.358
Procedural regulations. 412.362
Unlawfully influencing action of court. 412.364
Duties of trial counsel and defense counsel. 412.366
Presence of members and parties at proceedings. 412.368
Continuance. 412.372
Challenges of military judge and members. 412.374
Oaths and affirmations. 412.376
Statute of limitations 412.378
Double jeopardy. 412.382
Pleas of accused 412.384
Obtaining witnesses and evidence: Procedure 412.386
Penalty for refusal of person not subject to Code to appear or testify. 412.388
Contempt 412.392
Deposition. 412.394
Admissibility of records of courts of inquiry. 412.396
Voting 412.398
Number of votes required. 412.402
Court to announce action. 412.404
Record of trial. 412.406
Cruel and unusual punishments prohibited. 412.408
Punishments limited. 412.412
Effective date of sentence. 412.414
Execution of confinement. 412.416
Reduction in enlisted grade upon approval. 412.418
Approval and execution or suspension of sentence. 412.422
Reporting of findings and sentence to convening authority 412.423
Withdrawal by accused of appeal or right to appeal. 412.424
Reconsideration and revision of court’s ruling 412.426
Rehearing or dismissal of charges upon disapproval of findings and sentence. 412.428
Approval by convening authority. 412.431
Review required by senior force judge advocate upon finding of guilt in general and special court-martial cases 412.432
Review of records 412.433
Representation of government and accused upon appeal. 412.434
Error of law 412.436
Counsel for accused at review. 412.437
Procedure applicable to appeal from decision of court-martial. 412.438
Vacation of suspension of sentence. 412.442
Petition for new trial. 412.444
Remission and suspension of sentence 412.446
Restoration of rights 412.448
Finality of proceedings, findings and sentence. 412.449
Person found not guilty by reason of lack of mental responsibility: Commitment to facility 412.452
Trial or punishment for offense committed while subject to jurisdiction under the Code. 412.454
Principal. 412.456
Accessory after fact. 412.458
Conviction of lesser included offense. 412.462
Attempt. 412.464
Conspiracy. 412.466
Solicitation. 412.468
Fraudulent enlistment, appointment or separation. 412.472
Unlawful enlistment, appointment or separation. 412.474
Desertion. 412.476
Absence without leave. 412.478
Failure to make required move. 412.482
Contempt toward public officer. 412.484
Disrespect toward superior commissioned officer. 412.486
Assaulting or willfully disobeying superior commissioned officer. 412.488
Insubordinate conduct toward warrant officer or noncommissioned officer. 412.492
Failure to obey order or regulation. 412.494
Cruelty and maltreatment. 412.496
Mutiny or sedition. 412.498
Resisting arrest 412.502
Releasing prisoner without proper authority. 412.504
Unlawful detention. 412.506
Noncompliance with procedural rules. 412.508
Misbehavior before enemy. 412.512
Subordinate compelling surrender. 412.514
Improper use of countersign. 412.516
Forcing safeguard. 412.518
Improper use of captured or abandoned property. 412.522
Aiding enemy. 412.524
Misconduct as prisoner. 412.526
Making false official statement. 412.528
Loss, damage, destruction or wrongful disposition of military property. 412.532
Waste, spoilage or destruction of property other than military property. 412.534
Improper hazarding of vessel. 412.536
Drunken or reckless driving. 412.538
Drunk on duty 412.542
Dueling. 412.544
Malingering. 412.546
Riot or breach of peace. 412.548
Provoking words or gestures. 412.549
Stalking. 412.552
Stealing goods of less than $100 value. 412.554
Perjury. 412.556
Fraud against the government. 412.558
Conduct unbecoming an officer. 412.562
Disorder and neglect prejudicing good order and discipline 412.564
Court of inquiry. 412.566
Explanation of certain sections 412.568
Complaint against commanding officer. 412.572
Redress of injuries to property. 412.574
Process and mandates of military courts. 412.576
Payment and disposition of fine. 412.578
Immunity for action of military courts. 412.582
Presumption of jurisdiction. 412.583
Uniformity of construction. 412.584
Delegation of authority by Governor 412.588
Repossession of military property by State 412.592
Unlawful transfer of military property. 412.594
Unlawful wearing of uniform or insigne. 412.596
Wearing of uniform without authority 412.598
Arrest of trespasser or disturber 412.602
Right-of-way on public street and highway 412.604
Unlawful drill or parade with arms by voluntary company or voluntary organization without license 412.606
Discrimination against member of National Guard 412.1393
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Hearing before Labor Commissioner 412.1395
Unlawful termination of employment of member of Nevada National Guard or National Guard of another state: Reemployment 412.1435
Patriot Relief Account: Creation 412.1555
Nevada War on Terrorism Medal: Creation 412.1945
Nevada Enlisted Association of the National Guard of the United States. 412.2435
“Principal assistant” defined. 412.2455
“Senior force judge advocate” defined. 412.2545
Persons subject to jurisdiction under Code. 412.2645
Person may not be tried or punished while incompetent. 412.2675
Warrant of arrest: Form 412.2875
Imposition of nonjudicial punishment: Duty of commanding officer 412.2877
Authority of commanding officer to impose nonjudicial punishment 412.2879
No right of accused to demand trial by court-martial in lieu of accepting nonjudicial punishment. 412.2935
Announcement of results of punishment. 412.3345
Military judge: Qualifications. 412.3945
Affirmative defense of lack of mental responsibility: Limitations 412.4145
Deferment of service of sentence of confinement. 412.4155
Forfeiture of pay and allowances during period of confinement or parole 412.4157
Person sentenced by court-martial may be required to take leave under certain circumstances. 412.4375
Appeals by State. 412.4485
Provisions applicable to person determined to be incompetent 412.4495
Rights of person whose mental condition is subject of hearing. 412.5245
Spying. 412.5255
Communication, delivery or transmittal of object or information to foreign government or entity. 412.5385
Use, possession, manufacture, distribution, importation or exportation of illegal or controlled substances. 412.5485
Sexual assault and sexual misconduct. 412.5495
Larceny and wrongful appropriation. 412.5505
Extortion. 412.5515
Assault and aggravated assault. 412.5645
Administration of oaths. 412.5835
Severability.
Last Updated

Jun. 24, 2021

§ 412.288’s source at nv​.us