38.38.484 - Maximum limits -- Reduction in pay grade.

[Art. 56] Maximum limits — Reduction in pay grade.

(1) The punishment which a court-martial may direct for an offense may not exceed limits prescribed by this code.

     (2) Unless otherwise provided in regulations to be prescribed by the governor, a court-martial sentence of an enlisted member in a pay grade above E-1, as approved by the convening authority, that includes a dishonorable discharge reduces that member to pay grade E-1, effective on the date of that approval.

     (3) If the sentence of a member who is reduced in pay grade under subsection (2) of this section is set aside or disapproved, or, as finally approved, does not include any punishment named in subsection (2) of this section, the rights and privileges of which the member was deprived because of that reduction shall be restored and the member is entitled to the pay and allowances to which the member would have been entitled for the period the reduction was in effect, had he or she not been so reduced.

[1989 c 48 § 51; 1963 c 220 § 58.]