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The 190th General Court of the Commonwealth of Massachusetts

Section 74: Minor offenses; penalties; appeals

Section 74. (a) Under such regulations as the commander-in-chief may prescribe, a commanding officer may, in addition to or in lieu of admonition or reprimand, impose 1 of the following disciplinary punishments for minor offenses without the intervention of a court-martial:

(1) upon any member of the command, the withholding of privileges for a period not to exceed 2 consecutive weeks or restriction to certain specified limits for a similar period and the imposition of a fine not exceeding $200 for a single offense; or

(2) upon enlisted personnel of the command, extra duties for a period not to exceed 2 consecutive weeks and not to exceed 2 hours per day or reduction to the next inferior grade.

(b) 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. The appeal shall be promptly forwarded and decided; provided, however, that the person punished may in the meantime be required to undergo the punishment adjudged. The officer who imposed the punishment, that officer's successor in command and superior authority may suspend, set aside or remit any part or amount of the punishment and may restore all rights, privileges and property affected.

(c) The imposition and enforcement of disciplinary punishment under this section for any act or omission shall not be a bar to trial by court-martial for a serious crime or offense arising out of the same act or omission that is not properly punishable under this section; provided, however, that the accused may show that a disciplinary punishment has been enforced upon trial and when so shown it shall be considered in determining the measure of punishment to be adjudged if the accused is found guilty.