This Comment examines how nonjudicial punishment has been misused and proposes certain changes to curb this misuse. The author reviews the legislative history, Executive Orders, current military regulations, and judicial decision and focuses on the gaps between congressional precept and military practice in the use of Article 15. The author argues that the Armed Forces have used nonjudicial punishment in ways not intended by Congress, and that Article 15 has been used to circumvent legal safe-guards available at courts'-martial. The author concludes that Congressional action is needed to curb abuse of the non-judicial punishment power.
William R. Salisbury,
Nonjudicial Punishment under Article 15 of the Uniform Code of Military Justice: Congressional Precept and Military Practice,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol19/iss4/9