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10 U.S.C. § 858a — Art. 58a. Sentences: reduction in enlisted grade
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (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.
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Stable record: federal_law:legal_authorities:record_usc_e9b6933c0eaf0b75f0de671e
Source file: Laws/federal/codes/united-states-code/title-10/section-858a-art-58a-sentences-reduction-in-enlisted-grade--fe23c02910.md
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Source location: Title 10, Chapter 47, § 858a; chapter-047-uniform-code-of-military-justice.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860c&num=0&edition=prelim) (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.
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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) Entry of Judgment of General or Special Court-martial.—**
(1) In accordance with rules prescribed by the President, in a general or special court-martial, the military judge shall enter into the record of trial the judgment of the court. The judgment of the court shall consist of the following:
(A) The Statement of Trial Results under [section 860 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860&num=0&edition=prelim) (article 60).
(B) Any modifications of, or supplements to, the Statement of Trial Results by reason of—
(i) any post-trial action by the convening authority; or
(ii) any ruling, order, or other determination of the military judge that affects a plea, a finding, or the sentence.
(2) Under rules prescribed by the President, the judgment under paragraph (1) shall be—
(A) provided to the accused and to any victim of the offense; and
(B) made available to the public.
**(b) Summary Court-martial Judgment.—** The findings and sentence of a summary court-martial, as modified by any post-trial action by the convening authority under [section 860b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section860b&num=0&edition=prelim) (article 60b), constitutes the judgment of the court-martial and shall be recorded and distributed under rules prescribed by the President.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 860c
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A member—
(1) who is required to take leave under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim), any period of which is charged as excess leave under [section 706(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/a&num=0&edition=prelim); and
(2) whose sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge is set aside or disapproved by a Court of Criminal Appeals under [section 866 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section866&num=0&edition=prelim) or by the United States Court of Appeals for the Armed Forces under [section 867 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section867&num=0&edition=prelim),
shall be paid, as provided in subsection (b), for the period of leave charged as excess leave, unless a rehearing or new trial is ordered and a dismissal or a dishonorable or bad-conduct discharge is included in the result of the rehearing or new trial and such dismissal or discharge is later executed.
**(b)**
(1) A member entitled to be paid under this section shall be deemed, for purposes of this section, to have accrued pay and allowances for each day of leave required to be taken under [section 876a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section876a&num=0&edition=prelim) that is charged as excess leave (except any day of accrued leave for which the member has been paid under [section 706(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section706/b/1&num=0&edition=prelim) and which has been charged as excess leave). If the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
Page 777
TITLE 10—ARMED FORCES
§ 858a
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.
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–106, div. A, title XI, § 1121(b), Feb. 10, 1996,
110 Stat. 462, provided that: ‘‘The amendment made by
subsection (a) [amending this section] shall apply to a
case in which a sentence is adjudged by a court-martial
on or after the first day of the first month that begins
at least 30 days after the date of the enactment of this
Act [Feb. 10, 1996].’’
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–484 effective Oct. 23, 1992,
and applicable with respect to offenses committed on
or after that date, see section 1067 of Pub. L. 102–484, set
out as a note under section 803 of this title.
EFFECTIVE DATE OF 1983 AMENDMENT
Amendment by Pub. L. 98–209 effective first day of
eighth calendar month beginning after Dec. 6, 1983, but
not to apply to any case in which the findings and sen-
tence were adjudged by a court-martial before that
date, and the proceedings in any such case to be held
in the same manner and with the same effect as if such
amendments had not been enacted, see section 12(a)(1),
(4) of Pub. L. 98–209, set out as a note under section 801
of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90–632 effective first day of
tenth month following October 1968, see section 4 of
Pub. L. 90–632, set out as a note under section 801 of
this title.
[§ 857a. Repealed. Pub. L. 114–328, div. E, title
LVIII, § 5302(b)(1), Dec. 23, 2016, 130 Stat.
2923]
Section, added Pub. L. 90–632, § 2(24), Oct. 24, 1968, 82
Stat. 1341, § 857(d); amended Pub. L. 102–484, div. A, title
X, § 1064, Oct. 23, 1992, 106 St
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 858a
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