§857 Art. 57. Effective Date of Sentences

Summary

Court-martial sentences must take effect on set dates depending on the punishment. Money forfeitures apply to pay that accrues on or after the effective date. Forfeitures and reductions in rank start on the earlier of 14 days after the sentence is decided or, for a summary court-martial, the date the convening authority approves it. Confinement begins on the day the court-martial decides the sentence, but any time when confinement is suspended or delayed does not count toward serving it. A death sentence cannot be carried out until the President approves it; the President may commute or reduce other parts of the sentence, but cannot suspend the death part. Dismissal of a commissioned officer, cadet, or midshipman cannot be carried out until the Secretary concerned (or a designated Under/Assistant Secretary) approves; that official may commute or reduce the sentence and, in wartime or national emergency, may change dismissal to a reduction to any enlisted grade and require service for the duration of the war or emergency and six months thereafter. Sentences that include death, dismissal, or a dishonorable or bad-conduct discharge may only be executed after appellate review and any needed approvals. General and special court-martial sentences are effective when judgment is entered; summary court-martial sentences are effective when the convening authority acts. An accused can ask to delay the start of confinement, reduction, or forfeiture, and the convening authority or the officer with general court-martial jurisdiction over the accused’s current command may, at their discretion, defer it; the deferment ends when judgment is entered or, for a summary court-martial, when the convening authority acts, and it can be rescinded at any time. If someone was temporarily returned from a State or foreign country for trial and then returned there, the convening authority may defer confinement until the person is permanently returned to the armed forces. “State” means the District of Columbia and U.S. Commonwealths, territories, or possessions. The Secretary concerned may also defer serving confinement while a review under article 67(a)(2) is pending. Appellate review is complete when review under article 65 is finished or when article 66 review is finished and any further appeals to the Court of Appeals for the Armed Forces or the Supreme Court are not filed in time, are denied, or are completed; once appellate review is complete, the judgment on legality is final.