Section 130.57. Effective date of sentences  


Latest version.
  • (a) Whenever a sentence of a
      court-martial as lawfully adjudged and approved includes a forfeiture of
      pay or allowances in addition to confinement not suspended or  deferred,
      the  forfeiture  may apply to pay or allowances becoming due on or after
      the date such sentence is approved by the convening authority and to any
      pay or allowances accrued before such date.
        (b)  Any  period  of  confinement  included  in  a   sentence   of   a
      court-martial  shall begin 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. Regulations adopted pursuant to this
      chapter may provide that sentences of confinement shall not be  executed
      until   approved   by  such  officers  as  may  be  designated  in  such
      regulations.
        (c) All other sentences of court-martial shall become effective on the
      date ordered executed.
        (d) On application by an accused who is under sentence to  confinement
      that  has  not been ordered executed, the convening authority or, if the
      accused is no longer under  his  jurisdiction,  the  officer  exercising
      similar  court-martial convening authority over the command to which the
      accused is currently assigned, may in his sole discretion defer  service
      of  a  sentence to confinement.   The deferment shall terminate when the
      sentence is ordered executed. The deferment may be rescinded at any time
      by the officer who granted it or, if the accused is no longer under  his
      jurisdiction,   by   the   officer   exercising   similar  court-martial
      jurisdiction  over  the  command  to  which  the  accused  is  currently
      assigned.