                                 CODE OF VIRGINIA

NONJUDICIAL DISCIPLINARY PROCEEDINGS (§ 44-40.01)

Service members of the Virginia National Guard, not in federal service, are
subject to nonjudicial punishment pursuant to Part V of the Manual for
Courts-Martial, United States. A commander&#8217;s authority to impose
nonjudicial punishment shall not include the authority to impose correctional
custody, arrest in quarters, restriction, or extra duties. Reduction in rank
shall not be imposed if the service member has more than 10 years of military
service and is in the rank of E-5 or above. When nonjudicial punishment is to be
imposed by a commanding officer of the rank of major or above, a service member
shall not be allowed to demand trial by court-martial in lieu of nonjudicial
punishment. Service members shall retain all appeal rights available under the
Manual for Courts-Martial, and the appeal shall include a review for abuse of
discretion and legal sufficiency of the evidence.

HISTORY: 2015, c. 194.