UCMJ – United States Code of Military Justice

858a. ARTICLE 58a. SENTENCES: REDUCTION IN ENLISTED GRADE UPON APPROVAL

08. Sentences

(a) Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a court-martial sentence of an enlisted member in 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 E1, 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.


2 Comments for this entry

  • Don Locklear

    While I was in the Army, I was married for less than 10 years. Military Law and Federal Law say that my spouse does not meet the requirements and is not entitled to any part of my Army retirement.

    Tennessee law says that my Army retirement is community property and awarded part of my Army retirement to my X spouse until I die. Do I have any defense to fight this?

    Don Locklear

  • Don Locklear

    Military law and Federal law say that my spouse is not entitled to any part of my Army retirement because I was married for less than 10 years while I was in the Army. The state of Tennessee disregards military and federal law and part of my retirement as community property.

    I find out now that my X spouse is an Army deserter. What bearing does this have on my X spouse Armey deserter receiving part of my Army retirement?

    I would think that an Army deserter forfeits any and all benefits for any reason. Can you give me info on this that I may use in court?

    Thank you

    Don Locklear

Leave a Reply

 

Looking for something?

Search the Uniform Code of Military Justice


Ad: Atlanta Wrongful Death Lawyer
Ad: San Diego Homes