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This entry was published on 2014-09-22
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SECTION 130.57
Effective date of sentences
Military (MIL) CHAPTER 36, ARTICLE 7, PART 8
§ 130.57. Effective date of sentences. (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 The deferment may be rescinded at any time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.