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10 U.S.C. § 858aArt. 58a. Sentences: reduction in enlisted grade

submitted 66 years ago by Pub. L. 86-633 to r/title-10-ARMED-FORCES · 173 words · no verdicts yet

in plain englishAI-generated · not legal advice

A court-martial sentence may reduce an enlisted member to the lowest enlisted grade. The reduction takes effect when the sentence is approved.

(a) A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c), that includes— (1) a dishonorable or bad-conduct discharge; (2) confinement; or (3) hard labor without confinement; reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judgment is so entered. (b) If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.
the actual law source: uscode.house.gov ↗public domain
(a)

A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c), that includes—

(1)

a dishonorable or bad-conduct discharge;

(2)

confinement; or

(3)

hard labor without confinement;

reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judgment is so entered.

(b)

If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

Source credit: (Added Pub. L. 86–633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.)

history & why it existsrecord from the source credit
  • 1960Enacted · Pub. L. 86-633 · 74 Stat. 468
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2923
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1385

A history note hasn’t been published yet. The record shows enactment by Pub. L. 86-633 on 1960-07-12.

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