Duty of commanding officer to maintain good order and discipline; authorization to pursue punitive measures; considerations when determining appropriate method of punishment

1. Each commanding officer shall maintain good order and discipline in his or her command. If a commanding officer determines that he or she can maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she must do so. If a commanding officer determines that he or she cannot maintain good order and discipline through effective leadership, including, without limitation, administrative and corrective measures, he or she may pursue punitive measures. 2. In determining the appropriate method of punishment, a commanding officer must consider, without limitation: (a) The nature of the offense; (b) The nature of the punishment; (c) The record of the offending serviceman or servicewoman; (d) The need to maintain good order and discipline; and (e) The likely effect of the punitive measures on the record of the offending serviceman or servicewoman. 3. Each commanding officer shall, insofar as is practicable, take action to ensure that: (a) Military justice is exercised promptly and fairly; and (b) Each matter of a disciplinary or punitive nature is resolved: (1) At the lowest appropriate level; and (2) Using the least severe punishment appropriate to the offense.