Book Description

Nonjudicial punishment in the United States armed forces has changed dramatically since the American Revolution. Until 1950, the army and navy had different disciplinary codes. Earlier navy punishment imposed without courts-martial was more severe than army punishment. The enactment of the Uniform Code of Military Justice in 1950 resulted in decreased nonjudicial punishment for naval commanders and increased punishment authority for army and air force commanding officers. Congress increased military commanders' nonjudical punishment authority in 1962, but not to the levels of the past. Various proposals have been made to increase the quantity of nonjudical punishment authority. The United States Congress should enact legislation which: eliminates the summary courts-martial; and changes nonjudical punishment by permitting confinement in lieu of correctional custody, by eliminating extra duties and detention of pay, and by abolishing the right of a service member to refuse nonjudical punishment. These changes are necessary to assist in maintaining discipline; and to permit the effective and efficient use of nonjudical punishment in war. (Author).