Amendment of Section
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
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 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.