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A conviction at a special court-martial is akin to a misdemeanor conviction in a civilian criminal court. The maximum punishment that can be adjudged is confinement for 12 months, forfeiture of two-thirds pay per month for 12 months, reduction in rank, and a bad conduct discharge.
The only time that a demand for court-martial does not have to be honored by that members command is if that person is on float with a ship, and in that instance Captains Mast cannot be turned down. It has to be accepted at that level of disposition. What is the Difference Between NJP and Court-Martial? - UCMJ Defender ucmj-defender.com difference-njp-court- ucmj-defender.com difference-njp-court-
b. The right to object to trial by summary court-martial. Because the rights provided to an accused are somewhat less than those provided under the other levels of courts-martial, an accused can object to trial by summary court-martial.
You cannot receive a bad-conduct discharge or a dishonorable discharge. However, a summary court-martial may sentence you to confinement for up to 1 month, hard labor without confinement for up to 45 days, restriction to specified limits for up to 2 months, and forfeiture of up to two-thirds of 1 months pay.
The commander may chose from three potential levels of court-martial: summary, special, or general court-martial. These courts-martial differ in the procedures, rights, and possible punishment that can be adjudged.
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You can appeal a conviction at a summary court-martial to the next higher level of command within five days of receiving your sentence. The commander at the higher level can decide whether to leave the punishment in place, reduce the punishment, or eliminate it altogether. They cannot increase the punishment. Appeals of Court-Martial Convictions Through the Legal Process - Justia justia.com appealing-from-a-court-martial justia.com appealing-from-a-court-martial