Effective date of sentences

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26-1057. Effective date of sentences

A. A forfeiture shall not extend to any pay or allowances accrued before the date on which the sentence is approved by a person acting under section 26-1060.

B. Any period of confinement included in a sentence of a court-martial begins to run from the date ordered by the court-martial pursuant to 26-208, but periods during which the sentence to confinement is suspended or deferred shall be excluded in computing the service of the term of confinement.

C. All other sentences of courts-martial are effective on the date they are ordered executed.

D. On application by an accused who is under sentence to confinement that has not been ordered executed, the convening authority, or if the accused is no longer under his jurisdiction, the adjutant general, may in his sole discretion defer service of the sentence to confinement. The deferment terminates when the sentence is ordered executed. The deferment may be rescinded at any time by the officer who granted it, or if the accused is no longer under his jurisdiction, by the adjutant general.


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