Kentucky Revised Statutes Title V. Military Affairs § 35.070.Commanding officer's nonjudicial punishment

(1) Under such regulations as prescribed, any commanding officer, and for purposes of this section, officers-in-charge, may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this section. The Governor, the adjutant general, or an officer of a general or flag rank in command may delegate the powers under this section to a principal assistant who is a member of the state military forces.

(2) Any commanding officer may impose upon enlisted members of the officer's command:

(3) Any commanding officer of the grade of major or lieutenant commander or above may impose upon enlisted members of the officer's command:

(4) The Governor, the adjutant general, an officer exercising general court-martial convening authority, or an officer of a general or flag rank in command may impose:

(5) Whenever any of those punishments are combined to run consecutively, the total length of the combined punishment cannot exceed the authorized duration of the longest punishment in the combination, and there must be an apportionment of punishments so that no single punishment in the combination exceeds its authorized length under this section.

(6) Prior to the offer of non-judicial punishment, the commanding officer shall determine whether arrest in quarters, restriction, forfeiture, or fine shall be considered as punishments. Should the commanding officer determine that the punishment options may include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified of the right to demand a trial by court-martial. Should the commanding officer determine that the punishment options will not include arrest in quarters, restriction, forfeiture, or fine, the accused shall be notified that there is no right to trial by courts-martial in lieu of non-judicial punishment.

(7) The officer who imposes punishment, or the successor in command, may, at any time, suspend, set aside, mitigate, or remit any part or amount of the punishment and restore all rights, privileges, and property affected. The officer also may mitigate:

(8) A person punished under this section who considers the punishment unjust or disproportionate to the offense may, through the proper channel, appeal to the next superior authority within fifteen (15) days after the punishment is either announced or sent to the accused, as the commander may determine. The appeal shall be promptly forwarded and decided, but the person punished may in the meantime be required to undergo the punishment adjudged. The superior authority may exercise the same powers with respect to the punishment imposed as may be exercised under subsection (7) of this section by the officer who imposed the punishment. Before acting on an appeal from a punishment, the authority that is to act on the appeal may refer the case to a judge advocate for consideration and advice.

(9) The imposition and enforcement of disciplinary punishment under this section for any act or omission is not a bar to trial by court-martial or a civilian court of competent jurisdiction for a serious crime or offense growing out of the same act or omission, and not properly punishable under this section; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trial, and when so shown shall be considered in determining the amount of punishment to be adjudged in the event of a finding of guilty.

(10) Whenever a punishment of forfeiture of pay is imposed as provided in this section, the forfeiture may apply to pay accruing before, on, or after the date that punishment is imposed.

(11) Regulations may prescribe the form of forfeiture of records to be kept of proceedings under this section and may prescribe that certain categories of those proceedings shall be in writing.