
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC857]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 47--UNIFORM CODE OF MILITARY JUSTICE
 
                       SUBCHAPTER VIII--SENTENCES
 
Sec. 857. Art. 57. Effective date of sentences

    (a)(1) Any forfeiture of pay or allowances or reduction in grade 
that is included in a sentence of a court-martial takes effect on the 
earlier of--
        (A) the date that is 14 days after the date on which the 
    sentence is adjudged; or
        (B) the date on which the sentence is approved by the convening 
    authority.

    (2) On application by an accused, the convening authority may defer 
a forfeiture of pay or allowances or reduction in grade that would 
otherwise become effective under paragraph (1)(A) until the date on 
which the sentence is approved by the convening authority. Such a 
deferment may be rescinded at any time by the convening authority.
    (3) A forfeiture of pay or allowances shall be applicable to pay and 
allowances accruing on and after the date on which the sentence takes 
effect.
    (4) In this subsection, the term ``convening authority'', with 
respect to a sentence of a court-martial, means any person authorized to 
act on the sentence under section 860 of this title (article 60).
    (b) Any period of confinement included in a sentence of a court-
martial begins to run from the date the sentence is adjudged by the 
court-martial, 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 
ordered executed.

(Aug. 10, 1956, ch. 1041, 70A Stat. 56; Pub. L. 90-632, Sec. 2(24), Oct. 
24, 1968, 82 Stat. 1341; Pub. L. 98-209, Sec. 5(f), Dec. 6, 1983, 97 
Stat. 1400; Pub. L. 102-484, div. A, title X, Sec. 1064, Oct. 23, 1992, 
106 Stat. 2505; Pub. L. 104-106, div. A, title XI, Secs. 1121(a), 
1123(a)(1), (2), Feb. 10, 1996, 110 Stat. 462-464.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
857(a)................................  50:638(a).                           Ma
y 5, 1950, ch. 169, Sec.  1 (Art.
857(b)................................  50:638(b).                            5
7), 64 Stat. 126.
857(c)................................  50:638(c).
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---------------------------------

    In subsection (a), the word ``may'' is substituted for the word 
``shall''.
    In subsection (b), the word ``begins'' is substituted for the words 
``shall begin''.
    In subsection (c), the word ``are'' is substituted for the words 
``shall become''.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-106, Sec. 1121(a), amended subsec. 
(a) generally. Prior to amendment, subsec. (a) read as follows: ``No 
forfeiture may extend to any pay or allowances accrued before the date 
on which the sentence is approved by the person acting under section 
860(c) of this title (article 60(c)).''
    Subsecs. (d), (e). Pub. L. 104-106, Sec. 1123(a)(1), (2), 
redesignated subsecs. (d) and (e) as section 857a(a) and (b), 
respectively, of this title.
    1992--Subsec. (e). Pub. L. 102-484 added subsec. (e).
    1983--Subsec. (a). Pub. L. 98-209 substituted provision that no 
forfeiture may extend to any pay or allowances accrued before the date 
on which the sentence is approved by the person acting under section 
860(c) of this title, for provision that whenever a sentence of a court-
martial as lawfully adjudged and approved included a forfeiture of pay 
or allowances in addition to confinement not suspended or deferred, the 
forfeiture could apply to pay or allowances becoming due on or after the 
date the sentence was approved by the convening authority, and that no 
forfeiture could extend to any pay or allowances accrued before that 
date.
    1968--Subsec. (a). Pub. L. 90-632 inserted reference to deferral of 
sentence of confinement.
    Subsec. (b). Pub. L. 90-632 inserted reference to deferral of 
sentence of confinement.
    Subsec. (d). Pub. L. 90-632 added subsec. (d).


                    Effective Date of 1996 Amendment

    Section 1121(b) of Pub. L. 104-106 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to a case in 
which a sentence is adjudged by a court-martial on or after the first 
day of the first month that begins at least 30 days after the date of 
the enactment of this Act [Feb. 10, 1996].''


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-484 effective Oct. 23, 1992, and applicable 
with respect to offenses committed on or after that date, see section 
1067 of Pub. L. 102-484, set out as a note under section 803 of this 
title.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-209 effective first day of eighth calendar 
month beginning after Dec. 6, 1983, but not to apply to any case in 
which the findings and sentence were adjudged by a court-martial before 
that date, and the proceedings in any such case to be held in the same 
manner and with the same effect as if such amendments had not been 
enacted, see section 12(a)(1), (4) of Pub. L. 98-209, set out as a note 
under section 801 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-632 effective first day of tenth month 
following October 1968, see section 4 of Pub. L. 90-632, set out as a 
note under section 801 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 858b of this title.
