§ 858a.
Art. 58a. Sentences: reduction in enlisted grade upon approval
(a)
Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in a pay grade above E–1, as approved by the convening authority, 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, effective on the date of that approval.
(b)
If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or disapproved, or, as finally approved, 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.
Source
(Added Pub. L. 86–633, § 1(1),July 12, 1960
, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016
, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017
, 131 Stat. 1385.)Notes
Amendment of Section
Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), (p),
Dec. 12, 2017
, 131 Stat. 1385, 1388, provided that, effective immediately after the amendment made by section 5303 of Pub. L. 114–328, set out below, takes effect as provided for in section 5542 of that Act, this section is amended by amending the section catchline to read “Sentences: reduction in enlisted grade” and, in concluding provisions of subsection (a), by striking “, effective on the date” and inserting “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date”. See 2017 Amendment notes below.Pub. L. 114–328, div. E, title LVIII, § 5303, title LXIII, § 5542,
Dec. 23, 2016
, 130 Stat. 2923, 2967, made amendments to this section effective on the date designated by the President, not later than the first day of the first calendar month beginning two years after Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016
, and with provisions relating to applicability to various situations. After such effective date, this section will read:§ 858a. Art. 58a. Sentences: reduction in enlisted grade upon approval
(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 (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, effective 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.
See 2016 Amendment notes below.
Amendments
2017—Pub. L. 115–91, § 531(f)(2), struck out “upon approval” after “reduction in enlisted grade” in section catchline.
Subsec. (a). Pub. L. 115–91, § 531(f)(1), substituted “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date” for “, effective on the date” in concluding provisions.
2016—Subsec. (a). Pub. L. 114–328, § 5303(1), in introductory provisions, substituted “A” for “Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a” and “as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c)” for “as approved by the convening authority”, and, in concluding provisions, substituted “on which the judgment is so entered” for “of that approval”.
Subsec. (b). Pub. L. 114–328, § 5303(2), substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.
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 the date designated by the President, not later than the first day of the first calendar month beginning two years after
Dec. 23, 2016
, with implementing regulations prescribed by the President not later than one year after Dec. 23, 2016
, and with provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328, set out as a note under section 801 of this title.