10 USC § 858a - Art. 58a. Sentences: reduction in enlisted grade

---
identifier: "/us/usc/t10/s858a"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 858a - Art. 58a. Sentences: reduction in enlisted grade"
title_number: 10
title_name: "ARMED FORCES"
section_number: "858a"
section_name: "Art. 58a. Sentences: reduction in enlisted grade"
chapter_number: 47
chapter_name: "UNIFORM CODE OF MILITARY JUSTICE"
subchapter_number: "VIII"
subchapter_name: "SENTENCES"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 86–633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.)"
---


# § 858a. Art. 58a. Sentences: reduction in enlisted grade

**(a)** A court-martial sentence of an enlisted member in a pay grade above E–1, as set forth in the judgment of the court-martial entered into the record under section 860c of this title (article 60c), that includes—

reduces that member to pay grade E–1, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date on which the judgment is so entered.

**(1)** a dishonorable or bad-conduct discharge;

**(2)** confinement; or

**(3)** hard labor without confinement;

**(b)** If the sentence of a member who is reduced in pay grade under subsection (a) is set aside or reduced, or, as finally affirmed, does not include any punishment named in subsection (a)(1), (2), or (3), the rights and privileges of which he was deprived because of that reduction shall be restored to him and he is entitled to the pay and allowances to which he would have been entitled, for the period the reduction was in effect, had he not been so reduced.

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**Source Credit**: (Added Pub. L. 86–633, § 1(1), July 12, 1960, 74 Stat. 468; amended Pub. L. 114–328, div. E, title LVIII, § 5303, Dec. 23, 2016, 130 Stat. 2923; Pub. L. 115–91, div. A, title V, § 531(f)(1), (2), Dec. 12, 2017, 131 Stat. 1385.)

## Editorial Notes

### Amendments

2017—, struck out “upon approval” after “reduction in enlisted grade” in section catchline.

Subsec. (a). , substituted “, if such a reduction is authorized by regulation prescribed by the President. The reduction in pay grade shall take effect on the date” for “, effective on the date” in concluding provisions.

2016—Subsec. (a). , in introductory provisions, substituted “A” for “Unless otherwise provided in regulations to be prescribed by the Secretary concerned, a” and “as set forth in the judgment of the court-martial entered into the record under  (article 60c)” for “as approved by the convening authority”, and, in concluding provisions, substituted “on which the judgment is so entered” for “of that approval”.

Subsec. (b). , substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2017 Amendment

Amendment by  effective immediately after the amendments made by div. E (§§ 5001–5542) of  take effect as provided for in section 5542 of that Act ( note), see , set out as a note under .

### Effective Date of 2016 Amendment

Amendment by  effective on , as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see  and Ex. Ord. No. 13825, set out as notes under .