283. Can Article 15 Authority of Subordinate Commanders Be Limited?The short answer is, Yes However, only certain types of limitations are permissible and there are some limits that are expressly not permitted.
a. Permissible limitations (AR 27-10, para. 3-4c.)The superior commander may totally withhold all Article 15 authority from the subordinate.
Alternatively, the superior commander may partially withhold authority, for example over certain categories of personnel (i.e.,
all officer cases, particular offenses (i.e., all cases involving drugs, or individual cases (i.e., the disposition of SPC Smith’s case. There is no requirement that limitations be written but is a good idea to do so (e.g., write a memorandum or publish in post regulation).
b. Impermissible limitations (MCM pt. V, para. d AR 27-10, para. 3-4b.)The superior commander cannot direct a subordinate commander to impose an Article 15. If the authority to issue nonjudicial punishment
remains with the subordinate, it is up to the subordinate to decide,
independently, how to dispose of the case, by either issuing nonjudicial punishment or not.
Similarly, the superior commander cannot issue regulations, orders, or guides that either directly or indirectly suggest to subordinate commanders that Certain categories of offenders or offenses are to be disposed of under Article 15.
• Predetermined kinds or amounts of punishment are to be imposed for certain categories of offenders or offenses.
D. Who Can Receive Nonjudicial Punishment?1. Military Personnel of a Commander’s Command (AR 27-10, para. 3-8.)•
Assigned Affiliated, attached, or detailed The Beans and Bullets Rule. AR 27-10, para. ab. Look to the facts to determine
where the Soldier slept, ate, was paid,
performed duty, the duration of the status, and other similar factors. If the facts show the Commander is providing
the Soldier these services, then the Soldier can be considered of the command of the Commander for purposes of imposing nonjudicial punishment.
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