Helping Clients Navigate Court-Martial Consequences Successfully
One of the most agonizing parts of understanding the court-martial process is understanding the collateral consequences of a possible conviction. Active duty counsel is not always experienced in understanding the effects of a court-martial. This is partly because, after the trial, their involvement in court-martial cases is usually over. This article provides some answers to common questions about court-martial and their consequences.
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What types of punishment can be imposed in Corts-martial Cases?
The UCMJ authorizes nine types of punishment for offenses: punitive discharge, confinement, hard labor without confinement, restriction, reduction in grade, fine, forfeitures, reprimands, and death.
When does the punishment become effective?
A punitive discharge does not become effective until the appellate review is complete. Forfeitures in pay and reductions in rank take effect either 14 days after the sentence or when the Convening Authority approves the sentence. There are automatic forfeitures if the sentence is more than six months or a punitive discharge is imposed. Fines are due immediately. Confinement credit begins to accrue the day that it is adjudged.
What is good conduct credit?
A court-martial sentence imposing confinement can be devastating. The accused and family will often have many questions. Service members can obtain a reduction in their amount of time served for good conduct and work credit. Depending on the sentence length, a service member could reduce his or her sentence by half.
What are clemency and parole?
Under Rule for Courts-Martial 1105, the Convening Authority can remit or suspend any part of a sentence. The Secretary of the Service and Clemency and Parole Board also have that authority.
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