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3. Nonjudicial punishment (Article 15) (See Chapters 5 & 6)
• Summarized Company-grade
• Field-grade
• Other Decisions Suspend punishment, Filing determination, Appellate action.
4. Judicial action (See Chapter 1)
Consult with your Servicing Judge Advocate immediately if you believe the situation will warrant judicial action. Chapter 1 contains a description of the types of courts available, which are Summary, Special, and General Court-Martial.
5. RCM b) Factors and Non-Binding Disposition Guidance
When determining the disposition of a matter, the Commander hould review and consider the he nonbinding disposition guidance issued by the Secretary of Defense which is contained at Appendix 2.1 of the 2019 Manual for Courts-Martial. Your servicing Judge Advocate can assist you in discussing and considering this guidance as it relates to a particular set of facts.
D. Pretrial Restraint (R.C.M. 304)
Absent emergency or exigent circumstances, you should ALWAYS discuss the case with your servicing Judge Advocate before imposing pretrial restraint of any type. By implementing any type of restraint higher than conditions on liberty, you may have triggered the speedy trial clock”—that is you will have started to use the limited number of days the government has to prepare and bring the accused to trial.
1. Types of pretrial restraint (R.C.M. 304(a))
a. Conditions on liberty
Conditions on liberty include actions like pulling pass privileges and ordering an accused not to contact someone else. These types of conditions do not trigger the speedy trial clock.
b. Restriction in lieu of arrest
Restriction in lieu of arrest includes restricting an accused to a specified area. These types of restrictions trigger the speedy trial clock. If you do something more severe than pulling pass privileges or issuing a no-contact order, you have probably issued restrictions in lieu of arrest.
c. Arrest
The line between restriction in lieu of arrest and arrest is not clear. Generally, if the accused is still going to work and performing all duties, then he or she is not in arrest. However, if the restrictions you put on the accused are too strict, a court might conclude that the accused was under arrest. Arrest triggers both the speedy trial clock and another speedy trial protection that is found in Article 10 of the UCMJ. Under Article 10, someone that is being held in arrest or

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