Mr. Chair, I think the answer basically is that it is tied, in large part, to the threshold for our offering an election in article 108.17, which provides that when the presiding officer is considering this question of whether to offer an election, if I may quote:
the circumstances surrounding the commission of the offence are sufficiently minor in nature that the officer exercising summary trial jurisdiction over the accused concludes that a punishment of detention, reduction of rank or a fine in excess of 25 per cent of monthly basic pay would not be warranted if the accused were found guilty of the offence.
Those criteria are essentially tied to the assessment of what constitutes a true penal consequence.