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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 19177
Experience:  Lawyer and current JAG officer.
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My daughter is being brought to Captains Mass Friday an

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my daughter is being brought to Captains Mass Friday for violating an order Rule 92. She is in A School.. What will her punishment be
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

I can't tell you what her punishment WILL be. Military law doesn't really work that way. The commander has a group of possible punishments available to him/her under non-judicial punishment and can choose from any or all of them to craft what he/she feels is an appropriate punishment.

First, it's going to matter what rank the officer is that is imposing the punishment. A company grade officer (O-3 or below) can only give Forfeiture of 7 days pay, reduction in one grade, restriction to certain limits of 14 days and extra duties of 14 days. A field grade officer can impose great amounts of restriction and extra duty (45 days of each if together), reduction in more than one rank, forfeiture of 1/2 of one's monthly pay for two months and a written reprimand.

Now, as I noted before, the commander can do the maximum or any lessor combination of punishments in those options. The commander can make them all immediately effective, or suspend some or all of the punishment for a period of time and then remit it if no other disciplinary issues occur. The commander can also issue no punishment.

Even after non-judicial punishment is done, there is also the possibility of separation from the service based on that non-judicial punishment. This is not seen as double punishment, because neither of the actions are judicial in nature. They are administrative.

Regrettably, there is no way to KNOW what the commander will do. That will depend greatly on the exact offense (the manner of the violation), whether or not there has been a history of other issues, the attitude of the commander (some are more harsh than others) and the base history (there may be particular issues there that they wish to address more harshly due to a current disciplinary trend).

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