findings to the judge advocate general who instructs the convening authority to take action IAW the
decision of the Court of Military Review.
m. Detainee: A suspect of a crime that is held in temporary custody by the military police
while waiting for determination of further status.
n. Dishonorable or Bad Conduct Discharge: Applies to separation from the service of an
enlisted member in pay grade E1 when adjudged in the sentence of a court-martial and as approved
by the convening authority. In addition, the separation of a warrant officer (US Navy only) from
the service by sentence of a general court-martial will also be by dishonorable discharge.
o. Dismissal: The separation from the service of commissioned officers and warrant
officers under less than honorable conditions when adjudged by the sentence of a general court-
martial.
p. Federal Institution: A penal or correctional institution under the jurisdiction of the
Attorney General of the United States.
q. Imposition of Restraint: The moral restraint of a person by an order, not imposed as a
punishment of an offense, directing the person to remain within certain specified limits.
Confinement is the physical restraint of a person. Arrest and confinement are imposed in the
following manner:
(1) An enlisted member may be ordered into arrest or confinement by any
commissioned officer by an order, oral or written, delivered in person or through other persons
subject to the UCMJ. A commanding officer may authorize warrant officers, petty officers, or
noncommissioned officers to order enlisted members of his command, or subject to his authority,
into arrest or confinement.
(2) A commissioned officer, a warrant officer, or a civilian subject to the UCMJ may be
ordered into arrest or confinement only by a commanding officer to whose authority he is subject,
by an order, oral or written, and delivered in person or by another commissioned officer. The
authority to order such persons into arrest or confinement may not be delegated. In the case of
commissioned officers, this privilege is usually reserved by the installation commander.
r. Officer Prisoner: An Active Army Officer who has been sentenced to dismissal
(commissioned) or dishonorable discharge (warrant officer who is not commissioned) will not be
discharged prior to completion of appellate review without the prior approval of the Commanding
General (CG), Personnel Command (PERSCOM). A Regular Army (RA) officer whose sentence
includes dismissal or dishonorable discharge may be returned to duty or processed for excess leave
while appellate review is pending. An RA officer whose sentence does not include a dismissal or
dishonorable discharge will be returned to duty upon release from confinement. A reserve officer
whose sentence includes a dismissal or dishonorable discharge may be released from active duty
prior to completion of appellate review, upon completion of confinement.
s. Punitive Separation: Applies to the forms of separation that may be adjudged by a
court-martial. It includes dishonorable or bad conduct discharge or dismissal according to the status
of the accused.
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