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10 U.S.C. § 858b — Art. 58b. Sentences: forfeiture of pay and allowances during confinement
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
(2) A sentence covered by this section is any sentence that includes—
(A) confinement for more than six months or death; or
(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
**(b)** In a case involving an accused who has dependents, the convening authority or other person acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
**(c)** If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the perio
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Source file: Laws/federal/codes/united-states-code/title-10/section-858b-art-58b-sentences-forfeiture-of-pay-and-allowances-during-confinement--d0bbf7930d.md
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Source location: Title 10, Chapter 47, § 858b; chapter-047-uniform-code-of-military-justice.md
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**(a)**
(1) A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under [section 857 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section857&num=0&edition=prelim) (article 57) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
(2) A sentence covered by this section is any sentence that includes—
(A) confinement for more than six months or death; or
(B) confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
**(b)** In a case involving an accused who has dependents, the convening authority or other person acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
**(c)** If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter (the Uniform Code of Military Justice):
(1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security.
(2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force.
(3) The term “commanding officer” includes only commissioned officers.
(4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority.
(5) The term “superior commissioned officer” means a commissioned officer superior in rank or command.
(6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy.
(7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service.
(8) The term “military” refers to any or all of the armed forces.
(9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused.
(10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Statement of Trial Results.—**
(1) The military judge of a general or special court-martial shall enter into the record of trial a document entitled “Statement of Trial Results”, which shall set forth—
(A) each plea and finding;
(B) the sentence, if any; and
(C) such other information as the President may prescribe by regulation.
(2) Copies of the Statement of Trial Results shall be provided promptly to the convening authority, the accused, and any victim of the offense.
**(b) Post-trial Motions.—** In accordance with regulations prescribed by the President, the military judge in a general or special court-martial shall address all post-trial motions and other post-trial matters that—
(1) may affect a plea, a finding, the sentence, the Statement of Trial Results, the record of trial, or any post-trial action by the convening authority; and
(2) are subject to resolution by the military judge before entry of judgment.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 860
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Execution of Sentences.—** A court-martial sentence shall be executed and take effect as follows:
(1) **Forfeiture and reduction.—** — A forfeiture of pay or allowances shall be applicable to pay and allowances accruing on and after the date on which the sentence takes effect. Any forfeiture of pay or allowances or reduction in grade that is included in a sentence of a court-martial takes effect on the earlier of—
(A) the date that is 14 days after the date on which the sentence is adjudged; or
(B) in the case of a summary court-martial, the date on which the sentence is approved by the convening authority.
(2) **Confinement.—** — Any period of confinement included in a sentence of a court-martial begins to run from the date the sentence is adjudged by the court-martial, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.
(3) **Approval of sentence of death.—** — If the sentence of the court-martial extends to death, that part of the sentence providing for death may not be executed until approved by the President. In such a case, the President may commute, remit, or suspend the sentence, or any part thereof, as the President sees fit. That part of the sentence providing for death may not be suspended.
(4) **Approval of dismissal.—** — If in the case of a commissioned officer, cadet, or midshipman, the sentence of a court-martial extends to dismissal, that part of the sentence providing for dismissal may not be executed until approved by the Secretary concerned or such Under Secretary or Assistant Secretary as may be designated by the Secretary concerned. In such a case, the Secretary, Under Secretary, or Assistant Secretary, as the case may be, may commute, r
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Federal law — U.S. Code and appendices · legal_authorities
The micro-purchase threshold for the Department of Defense is $10,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3573
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Federal law — U.S. Code and appendices · legal_authorities
Page 778
TITLE 10—ARMED FORCES
§ 858b
effect on the date’’ for ‘‘, effective on the date’’ in con-
cluding provisions.
2016—Subsec. (a). Pub. L. 114–328, § 5303(1), in introduc-
tory provisions, substituted ‘‘A’’ for ‘‘Unless otherwise
provided in regulations to be prescribed by the Sec-
retary concerned, a’’ and ‘‘as set forth in the judgment
of the court-martial entered into the record under sec-
tion 860c of this title (article 60c)’’ for ‘‘as approved by
the convening authority’’, and, in concluding provi-
sions, substituted ‘‘on which the judgment is so en-
tered’’ for ‘‘of that approval’’.
Subsec. (b). Pub. L. 114–328, § 5303(2), substituted ‘‘re-
duced, or, as finally affirmed’’ for ‘‘disapproved, or, as
finally approved’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2017 AMENDMENT
Amendment by Pub. L. 115–91 effective immediately
after the amendments made by div. E (§§ 5001–5542) of
Pub. L. 114–328 take effect as provided for in section
5542 of that Act (10 U.S.C. 801 note), see section 531(p)
of Pub. L. 115–91, set out as a note under section 801 of
this title.
EFFECTIVE DATE OF 2016 AMENDMENT
Amendment by Pub. L. 114–328 effective on Jan. 1,
2019, as designated by the President, with imple-
menting regulations and provisions relating to applica-
bility to various situations, see section 5542 of Pub. L.
114–328 and Ex. Ord. No. 13825, set out as notes under
section 801 of this title.
§ 858b. Art. 58b. Sentences: forfeiture of pay and
allowances during confinement
(a)(1) A court-martial sentence described in
paragraph (2) shall result in the forfeiture of
pay, or of pay and allowances, due that member
during any period of confinement or parole. The
forfeiture pursuant to this section shall take ef-
fect on the date determ
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 858b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.