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Title 10, Armed ForcesRelease 119-102

§858b Art. 58b. Sentences: Forfeiture of Pay and Allowances During Confinement

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 47 — UNIFORM CODE OF MILITARY JUSTICE › SUBCHAPTER VIII — SENTENCES › § 858b

Last updated Aug 21, 2026|Official source

Summary

A court-martial sentence that meets the listed conditions must make a service member lose pay or pay and allowances while they are confined or on parole. The loss starts on the date set under article 57 and can be delayed under that rule. If the punishment comes from a general court-martial, the member loses all pay and allowances. If it comes from a special court-martial, the member loses two-thirds of their pay. The rule covers confinement over six months or death, or confinement of six months or less if paired with a dishonorable or bad-conduct discharge or dismissal. If the member has dependents, the commander or deciding official can waive some or all of the pay loss for up to six months and may direct the money to the dependents. If the sentence is later thrown out, changed, or finally approved without this punishment, the member must be paid back the money that was taken during the time the forfeiture was in effect.

Full Legal Text

Title 10, §858b

Armed Forces, Source: USLM XML via OLRC

(a)(1)A court-martial sentence described in paragraph (2) shall result in the forfeiture of pay, or of pay and allowances, due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 857 of this title (article 57) and may be deferred as provided in that section. The pay and allowances forfeited, in the case of a general court-martial, shall be all pay and allowances due that member during such period and, in the case of a special court-martial, shall be two-thirds of all pay due that member during such period.
(2)A sentence covered by this section is any sentence that includes—
(A)confinement for more than six months or death; or
(B)confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
(b)In a case involving an accused who has dependents, the convening authority or other person acting under section 860a or 860b of this title (article 60a or 60b) may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid, as the convening authority or other person taking action directs, to the dependents of the accused.
(c)If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or, as finally approved, does not provide for a punishment referred to in subsection (a)(2), the member shall be paid the pay and allowances which the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (b). Pub. L. 115–91 substituted “section 860a or 860b of this title (article 60a or 60b)” for “section 860 of this title (article 60)”. 2016—Subsec. (a)(1). Pub. L. 114–328 substituted “section 857 of this title (article 57)” for “section 857(a) of this title (article 57(a))”. 1997—Subsec. (a)(1). Pub. L. 105–85 substituted “forfeiture of pay, or of pay and allowances, due that member” for “forfeiture of pay and (if adjudged by a general court-martial) allowances due that member” in first sentence. 1996—Subsec. (a)(1). Pub. L. 104–201, § 1068(a)(1)(B), substituted “two-thirds of all pay” for “two-thirds of all pay and allowances” in third sentence. Pub. L. 104–201, § 1068(a)(1)(A), which directed amendment of first sentence by inserting “(if adjudged by a general court-martial)” after “all pay and”, was executed by making the insertion after “of pay and” in first sentence to reflect the probable intent of Congress.

Statutory Notes and Related Subsidiaries

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–91 effective immediately after the

Amendments

made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Effective Date

of 1996 Amendment Pub. L. 104–201, div. A, title X, § 1068(a)(2), Sept. 23, 1996, 110 Stat. 2655, provided that: “The

Amendments

made by paragraph (1) [amending this section] shall take effect as of April 1, 1996, and shall apply to any case in which a sentence is adjudged by a court-martial on or after that date.”

Effective Date

Pub. L. 104–106, div. A, title XI, § 1122(b), Feb. 10, 1996, 110 Stat. 463, provided that: “The section (article) added by the amendment made by subsection (a)(1) [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].”

Reference

Citations & Metadata

Citation

10 U.S.C. § 858b

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102