(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.
(Added Pub. L. 104–106, div. A, title XI, §1122(a)(1), Feb. 10, 1996, 110 Stat. 463; amended Pub. L. 104–201, div. A, title X, §1068(a)(1), Sept. 23, 1996, 110 Stat. 2655; Pub. L. 105–85, div. A, title X, §1073(a)(9), Nov. 18, 1997, 111 Stat. 1900.)
| Sec. | Art. | |
|---|---|---|
| 859. | 59. | Error of law; lesser included offense. |
| 860. | 60. | Action by the convening authority. |
| 861. | 61. | Waiver or withdrawal of appeal. |
| 862. | 62. | Appeal by the United States. |
| 863. | 63. | Rehearings. |
| 864. | 64. | Review by a judge advocate. |
| 865. | 65. | Disposition of records. |
| 866. | 66. | Review by Court of Criminal Appeals. |
| 867. | 67. | Review by the Court of Appeals for the Armed Forces. |
| 867a. | 67a. | Review by the Supreme Court. |
| 868. | 68. | Branch offices. |
| 869. | 69. | Review in the office of the Judge Advocate General. |
| 870. | 70. | Appellate counsel. |
| 871. | 71. | Execution of sentence; suspension of sentence. |
| 872. | 72. | Vacation of suspension. |
| 873. | 73. | Petition for a new trial. |
| 874. | 74. | Remission and suspension. |
| 875. | 75. | Restoration. |
| 876. | 76. | Finality of proceedings, findings, and sentences. |
| 876a. | 76a. | Leave required to be taken pending review of certain court-martial convictions. |
| 876b. | 76b. | Lack of mental capacity or mental responsibility: commitment of accused for examination and treatment. |
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Last modified: October 26, 2015