Page:United States Statutes at Large Volume 76.djvu/498

 450

Effective date.

PUBLIC LAW 87-648-SEPT. 7, 1962

[76 STAT.

" (3) correctional custody or confinement on bread and water or diminished rations to extra duties or restriction, or both; or "(4) extra duties to restriction; the mitigated punishment shall not be for a greater period than the punishment mitigated. When mitigating forfeiture of pay to detention of pay, the amount of the detention shall not be greater than the amount of the forfeiture. When mitigating reduction in grade to forfeiture or detention of pay, the amount of the forfeiture or detention shall not be greater than the amount that could have been imposed initially under this article by the officer who imposed the punishment mitigated. "(e) A person punished under this article who considers his 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, 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 (d) by the officer who imposed the punishment. Before acting on an appeal from a punishment of— " (1) arrest in quarters for more than seven days; "(2) correctional custody for more than seven days; " (3) forfeiture of more than seven days' pay; " (4) reduction of one or more pay grades from the fourth or a higher pay grade; (5) extra duties for more than 14 days; "(6) restriction for more than 14 days; or "(7) detention of more than 14 days' pay; the authority who is to act on the appeal shall refer the case to a judge advocate of the Army or Air Force, a law specialist of the Navy, or a law specialist or lawyer of the Marine Corps, Coast Guard, or Treasury Department for consideration and advice, and may so refer the case upon appeal from any punishment imposed under subsection (b). " (f) The imposition and enforcement of disciplinary punishment under this article for any act or omission is not a bar to trial by courtmartial for a serious crime or offense growing out of the same act or omission, and not properly punishable under this article; 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 measure of punishment to be adjudged in the event of a finding of guilty. " (g) The Secretary concerned may, by regulation, prescribe the form of records to be kept of proceedings under this article and may also prescribe that certain categories of those proceeding's shall be in writing." SEC. 2. This Act bccomes effective on the first day of the fifth month following the month in which it is enacted. Approved September 7, 1962.

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