Disciplinary powers of commanding officers.
Article 105
ART. 105. Disciplinary powers of commanding officers.— Under such regulations as the President may prescribe, the commanding office of any detachment, company, or. higher command may, 'for minor offenses, impose disciplinary punishments upon persons of his command without the intervention of a court-martial, unless the accused demands trial by court-martial. The disciplinary punishments authorized by this article may include admonition, reprimand, withholding of privileges for not exceeding oneweek, extra fatigue for not exceeding one week, restriction to certain specified limits for not exceeding one week, but shall not include forfeiture of pay or confinement under guard; except that in time of war or grave public emergency a commanding officer of the grade of brigadier .general or of higher grade may, under the provisions of his article, also impose upon an officer of his command be the grade of a major a forfeiture of not more than one half of such officer's monthly pay for one month. A person punished under authority of this article who deems his punishment unjust or disproportionate to the offense, may, through the proper channel, appeal of the next superior authority, but may in the meantime be required to undergo the punishment adjudged. The commanding officer who Imposes the punishment, his successor in command and superior authority shall have power to mitigate or remit any unexecuted portion of the punishment. The imposition and enforcement of disciplinary punishment under authority of this article for any act or omission shall not be a bar to trial by court-martial for a crime or offense growing out of the same act or omission; but the fact that a disciplinary punishment has been enforced may be shown by the accused upon trials and when so shown shall be considered in determining the measure of punishment to be adjudged in the event of a finding of guilty.