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1 Nonjudicial Punishment: Report to Accompany H.R. 11257 1962

handle is hein.beal/nnjdcidr0001 and id is 1 raw text is: Calendar No.1873 87TH CONGRESS SENATE REPORT 2d Session No. 1911 NONJUDICIAL PUNISHMENT AuGusr 23, 1962.-Ordered to be printed Mr. ERVIN, from the Committee on Armed Services, submitted the following REPORT [To accompany H.R. 11257] The Committee on Armed Services to whom was referred the bill (H.R. 11257), to amend section 815 (art. 15) of title 10, United States Code, relating to nonjudicial punishment, and for other purposes, having considered the same, report favorably thereon with an amend- ment and recommend that the bill as amended do pass. AMENDMENT On page 2, line 6, insert the following new sentence after the word demand. However, except in the case of a member attached to or embarked in a vessel, punishment may not be imposed upon any member of the armed forces under this article if the member has, before the imposition of such punishment, demanded trial by court-martial in lieu of such punishment. PURPOSE OF THE AMENDMENT The committee amendment provides that except for those who may be attached to or embarked in a vessel punishments may not be imposed under the new article 15 if the military member demands a trial by court-martial in lieu of the nonjudicial punishment. The present language of the Uniform Code of Military Justice makes no provision for a trial by court-martial in lieu of nonjudicial punishment. Existing regulations, however, as contained in the Manual for Courts-Martial, provide that members of the Army and Air Force have the right to demand. a trial by court-martial in lieu of nonjudicial punishment prior to the imposition of the punishment. 85006

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