Sentences - Reduction in enlisted grade.

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ARTICLE 58A. Sentences: reduction in enlisted grade.

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; or

2. Confinement,

reduces that member to pay grade E-1, if such a reduction is authorized by regulation prescribed by the Governor or Adjutant General. 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 of this section is set aside or reduced, or, as finally affirmed, does not include any punishment named in paragraphs 1 or 2 of subsection A of this section, the rights and privileges of which he or she was deprived because of that reduction shall be restored to him or her and he or she is entitled to the pay and allowances to which he or she would have been entitled, for the period the reduction was in effect, had he or she not been so reduced.

Added by Laws 2019, c. 408, § 68, eff. Oct. 1, 2019.


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