Subchapter VIII · Sentences
Article 58b. Sentences: forfeiture of pay and allowances during confinement
2024 Manual for Courts-Martial, United States
Recent revisions Summary of changes Cited by (3)(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 (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.
Cross-referencesCited by 3Cites 3
Cited by
Provisions elsewhere in the Manual whose text cites Article 58b. Each link opens the citing provision.
Rules for Courts-Martial
Discussion under R.C.M. 1003(b)(2) — Punishments
…Forfeitures of pay and allowances adjudged as part of a court-martial sentence, or occurring by operation of Article 58b, are effective 14 days after the sentence is adjudged or when the sentence of a summary court-martial is…
R.C.M. 1102(b)(1)(A) — Execution and effective date of sentences
…subparagraph (B), if a sentence includes forfeitures in pay or allowances, or, if forfeiture is required by Article 58b, that part of the sentence shall take effect on the earlier of—
R.C.M. 1111(b)(3)(B) — Entry of judgment
…forfeitures. If the accused requested that automatic forfeitures be waived by the convening authority under Article 58b, the judgment shall specify the nature of the request, the convening authority’s action, and the effective…
Article 58b cites
Provisions named in the text of Article 58b. Where the cited provision is on this site, the link opens it.