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punishment will not be injurious to the accuseds
health and that the facility is medically adequate for
human habitation.
FORFEITURE OF PAY. This kind of punish-
ment involves the deprivation of a specified amount
of the accuseds pay for a specific number of months.
The maximum amount that is subject to forfeiture at
an SPCM is two-thirds of 1 months pay per month for
6 months. The forfeiture must be stated in terms of
pay per month for a certain number of months. The
basis for computing the forfeiture is the base pay of
the accused plus any sea and foreign duty pay. Other
pay and allowances are not used as part of the basis.
If the sentence is to include reduction in grade, the
forfeiture must be based upon the grade to which the
accused is to be reduced. A forfeiture may be imposed
by an SPCM upon all military personnel. The forfei-
ture applies to pay becoming due after the forfeitures
have been imposed and not to monies already paid to
the accused. Unless suspended, forfeitures take effect
on the date ordered executed by the CA when initial
action is taken.
FINE. A fine is a lump-sum judgment against
the accused requiring him or her to pay specified
money to the United States. A fine is not taken from
the accuseds accruing pay, as with forfeitures, but
rather becomes due in one payment when the sentence
is ordered executed. To enforce collection, a fine may
also include a provision that, in the event the fine is
not paid, the accused will, in addition to the confine-
ment adjudged, be confined for a specified time. The
total period of confinement so adjudged may not ex-
ceed the jurisdictional limit of the specified court-
martial should the accused fail to pay the fine. While
an SPCM can impose a fine upon all personnel, the
punishment should not be adjudged unless the ac-
cused has been unjustly enriched by his or her crimes.
A fine cannot exceed the total amount of money that
the court could have required to be forfeited. The
court may, however, award both a fine and forfeitures,
so long as the total monetary punishment does not
exceed the amount that could have been required to be
forfeited.
REDUCTION IN GRADE. This form of pun-
ishment has the effect of taking away the paygrade of
an accused and placing him or her in a lower pay-
grade. Accordingly, this punishment can only be used
against enlisted persons in other than the lowest pay-
grade. Officers may not be reduced in grade. An
SPCM may reduce an enlisted service member to
the lowest paygrade regardless of grade before
sentencing. A reduction can be combined with all
other forms of punishment.
According to the power granted in Article 58(a),
UCMJ, SECNAV has determined that automatic re-
duction will be effected according to the JAGMAN.
Under the provisions of this section, a court-martial
sentence of an enlisted member in a paygrade above
E-1, as approved by the CA, that includes a punitive
discharge or confinement in excess of 90 days (if the
sentence is awarded in days) or 3 months (if awarded
in months) automatically reduces the member to the
paygrade of E-1 as of the date the sentence is ap-
proved. As a matter within his or her sole discretion,
the CA or the supervisory authority may retain the
accused in the paygrade held at the time of sentence
or at an intermediate paygrade and suspend the auto-
matic reduction to paygrade E-1 that would otherwise
be in effect. Additionally, the CA may direct that the
accused serve in paygrade E-1 while in confinement,
but be returned to the paygrade held at the time of
sentencing or an intermediate paygrade upon release
from confinement. Failure of the CA to address auto-
matic reduction will result in the automatic reduction
to paygrade E-1 taking effect on the date of the CAs
action.
LOSS OF NUMBERS. Loss of numbers is the
dropping of an officer a stated number of places on the
lineal precedence list. Lineal precedence is lost for all
purposes except consideration for promotion. This
exception prevents the accused from avoiding or de-
laying being passed over. Loss of numbers does not
reduce an officer in grade nor does it affect pay or
allowances. Loss of numbers may be adjudged in the
case of commissioned officers, warrant officers, and
commissioned warrant officers. This punishment may
be combined with all other punishments.
PUNITIVE REPRIMAND. An SPCM may
also adjudge a punitive reprimand against anyone
subject to the UCMJ. A reprimand is nothing more
than a written statement criticizing the conduct of the
accused. In adjudging a reprimand, the court does not
specify the wording of the statement but only its
nature. The JAGMAN contains guidance for drafting
the reprimand.
Circumstances Permitting
Increased Punishments
There are three situations in which the maximum
limits of part IV, MCM, may be exceeded. These are
known as the escalator clauses and are designed to
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