10 U.S.C. § 858a | Art. 58a. Sentences: reduction in enlisted grade

(a)

section 860c of this title 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 (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, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect 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.

Pub. L. 86–633, § 1(1)July 12, 196074 Stat. 468 Pub. L. 114–328, div. E, title LVIII, § 5303Dec. 23, 2016130 Stat. 2923 Pub. L. 115–91, div. A, title V, § 531(f)(1)Dec. 12, 2017131 Stat. 1385(Added , , ; amended , , ; , (2), , .)

Editorial Notes

Amendments

Pub. L. 115–91, § 531(f)(2)2017—, struck out “upon approval” after “reduction in enlisted grade” in section catchline.

Pub. L. 115–91, § 531(f)(1)Subsec. (a). , 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.

Pub. L. 114–328, § 5303(1)section 860c of this title2016—Subsec. (a). , 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 (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”.

Pub. L. 114–328, § 5303(2)Subsec. (b). , substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 Amendment

Pub. L. 115–91 Pub. L. 114–328 10 U.S.C. 801 section 531(p) of Pub. L. 115–91 section 801 of this titleAmendment by effective immediately after the amendments made by div. E (§§ 5001–5542) of take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

Effective Date of 2016 Amendment

Pub. L. 114–328Jan. 1, 2019section 5542 of Pub. L. 114–328 section 801 of this titleAmendment by effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see and Ex. Ord. No. 13825, set out as notes under .