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LegalText 10 U.S.C. § 858a Art. 58a. Sentences: reduction in enlisted grade us united_states_code code_section 10 ARMED FORCES 47 UNIFORM CODE OF MILITARY JUSTICE 858a 10 U.S.C. § 858a current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s858a data/legal/raw/us/code/title-10/usc10.xml 26a35fee803a756589987d350b82b882a905fd9ba5885685d813d2c060d1d433 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 3163e5bd7dc92a52d0054b128f4acb972acc93995641a6c22cb0c1dc27bd185a 2026-07-04 official
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10 U.S.C. § 858a - Art. 58a. Sentences: reduction in enlisted grade

Text

(a) A court-martial sentence of an enlisted member in a pay grade above E1, 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;

(2) confinement; or

(3) hard labor without confinement;

reduces that member to pay grade E1, if such a reduction is authorized by regulation prescribed by the President. 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) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

(Added Pub. L. 86633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 11591, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.)

Notes

Editorial Notes

Amendments2017—Pub. L. 11591, § 531(f)(2), struck out “upon approval” after “reduction in enlisted grade” in section catchline. Subsec. (a). Pub. L. 11591, § 531(f)(1), substituted “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date” for “, effective on the date” in concluding provisions. 2016—Subsec. (a). Pub. L. 114328, § 5303(1), in introductory provisions, substituted “A” for “Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a” and “as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c)” for “as approved by the convening authority”, and, in concluding provisions, substituted “on which the judgment is so entered” for “of that approval”. Subsec. (b). Pub. L. 114328, § 5303(2), substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.

Statutory Notes and Related Subsidiaries

Effective Date of 2017 AmendmentAmendment by Pub. L. 11591 effective immediately after the amendments made by div. E (§§ 50015542) of Pub. L. 114328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 11591, set out as a note under section 801 of this title.

Effective Date of 2016 AmendmentAmendment by Pub. L. 114328 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. 114328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.