View Full Version : Facing Court Martial? READ THIS!


abndave
09-30-2004, 08:29 AM
Forfeiture of all pay and allowances is automatic when the individual is incarcerated.
For those of you who don't know, the Convening Authority (CA) can waive forfeiture of pay for a period not to exceed six months for the purpose of providing support to dependent(s). This is specified in the MCM (2002 Edition), Chapter XI - Post Trail Procedure, Rule 1101, Article 58b, Forfeitures.

YOU HAVE TO REQUEST THIS. It is not automatic. It also really amounts to base pay. Forget VHA and the like. My lawyers told us about this, and it was a Godsend. I am surprised how many people don't know about it (Don't count on the JAG to mention it.)

pancurium
02-11-2006, 07:25 AM
Forfeiture of all pay and allowances is automatic when the individual is incarcerated.
For those of you who don't know, the Convening Authority (CA) can waive forfeiture of pay for a period not to exceed six months for the purpose of providing support to dependent(s). This is specified in the MCM (2002 Edition), Chapter XI - Post Trail Procedure, Rule 1101, Article 58b, Forfeitures.

YOU HAVE TO REQUEST THIS. It is not automatic. It also really amounts to base pay. Forget VHA and the like. My lawyers told us about this, and it was a Godsend. I am surprised how many people don't know about it (Don't count on the JAG to mention it.)

I made $9,000 in the 13 months I sat in a navy brig. I was sentenced to total forfeiture after 3 months waiting trail but was paid as an E-1 till my release on appellate leave. Maybe something has changed, that was back in 1989.

abndave
02-11-2006, 08:54 AM
Something has definitely changed. That kind of thing doesn't happen any more.