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U.S. Code as of:
01/19/04
Section 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 effect on the date determined
under section 857(a) of this title (article 57(a)) 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 860 of
this title (article 60) 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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