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Page Title: Forfeiture of Pay
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punishment  will  not  be  injurious  to  the  accused’s 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 accused’s pay for a specific number of months. The  maximum  amount  that  is  subject  to  forfeiture  at an SPCM is two-thirds of 1 month’s 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 accused’s 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 CA’s 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 7-20

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