U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 47— UNIFORM CODE OF MILITARY JUSTICE › Subchapter SUBCHAPTER VIII— SENTENCES

10 U.S.C. § 858a

Art. 58a. Sentences: reduction in enlisted grade

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(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—(1) a dishonorable or bad-conduct discharge;(2) confinement; or(3) hard labor without confinement;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.(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.(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 NotesAmendments

2017—Pub. L. 115–91, § 531(f)(2), struck out “upon approval” after “reduction in enlisted grade” in section catchline.

Subsec. (a). Pub. L. 115–91, § 531(f)(1), 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). Pub. L. 114–328, § 5303(1), 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 section 860c of this title (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). Pub. L. 114–328, § 5303(2), substituted “reduced, or, as finally affirmed” for “disapproved, or, as finally approved”.

Statutory Notes and Related SubsidiariesEffective Date of 2017 Amendment

Amendment by Pub. L. 115–91 effective immediately after the amendments made by div. E (§§ 5001–5542) of Pub. L. 114–328 take effect as provided for in section 5542 of that Act (10 U.S.C. 801 note), see section 531(p) of Pub. L. 115–91, set out as a note under section 801 of this title.

Effective Date of 2016 Amendment

Amendment by Pub. L. 114–328 effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.

Notes of Decisions
Cited in 53 cases (12 in the last 5 years), 1961–2026 · leading case: United States v. Allen, 33 M.J. 209 (1991).
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United States v. Allen, 33 M.J. 209 (1991). · cites it 2× “VI Finally, we consider whether appellant should be reduced in rate by operation of law under Article 58a, UCMJ, 10 USC § 858a. As the Government notes, the historic practice of the Army (and the Air Force) was to reduce a noncommissioned officer to the ranks following a…”
United States v. Bartlett, 66 M.J. 426 (C.A.A.F. 2008). · cites it 2× “In Fulminante, the Supreme Court noted that certain constitutional errors, such as “the unlawful exclusion of members of the defendant’s race from a grand jury,” were 58a, UCMJ, 10 U.S.C. § 858a (2000), giving legislative sanction to the practice.”
United States v. Marsh, 70 M.J. 101 (C.A.A.F. 2011). “Considering that they could have sentenced him to a dishonorable discharge, five years of confinement, reduction to the lowest enlisted grade, and forfeitures of all pay and allowances, Article 58a(a), Uniform Code of Military Justice (UCMJ), 10 U.”
United States v. Sloan, 35 M.J. 4 (1992). “Allen, 33 MJ 209 (CMA 1991), relied on by Judge Wiss to resolve the specified issue, we held that a retired senior chief petty officer of the Navy could not be administratively reduced by the convening authority pursuant to Article 58a, Uniform Code of Military Justice, 10 USC §…”
United States v. Gonzalez, 61 M.J. 633 (2005). “The question, then, is whether or not the Appellant has demonstrated prejudice to a substantial right? In particular, would the Appellant have chosen to change his plea to not guilty and demand a contested trial had he understood the correct application of Articles 58a and 58b,…”
Combs v. United States, 50 Fed. Cl. 592 (Fed. Cl. 2001). “We note, however, that even if the reduction in rank was not specifically part of the original sentence, it would have been automatically effected on June 10, 1991, pursuant to 10 U.S.C. § 858a, which states in relevant part: Unless otherwise provided in regulations to be…”
United States v. Guerrero, 33 M.J. 295 (1991). “The action by the convening authority effected an "automatic” reduction of appellant to pay grade E-l pursuant to Article 58a, Uniform Code of Military Justice, 10 USC § 858a. The Court of Military Review affirmed the findings and sentence.”
United States v. Williams, 57 M.J. 1 (C.A.A.F. 2002). · cites it 2× “For instance, the convening authority’s action in this case purports to implement appellant’s automatic reduction to E-1 under Article 58a, UCMJ, 10 USC § 858a. This is curious since appellant was already at grade E-1 at the time of trial.”
United States v. Graham, 56 M.J. 266 (C.A.A.F. 2002). “The members sentenced him to a bad-conduct discharge and reduction to pay grade E-3, and the convening authority approved the sentence and further reduced appellant to E-l in accordance with Article 58a, UCMJ, 10 USC § 858a. Thereafter, the United States Navy-Marine Corps Court…”
United States v. Combs, 47 M.J. 330 (C.A.A.F. 1997). “In my opinion the majority is wrong with respect to the period from October 8, 1992, until October 8, 1993.”
Keys v. Cole, 31 M.J. 228 (1990). “Finally, Keys relies upon Article 58a, UCMJ, 10 USC § 858a, entitled: “Sentences: reduction in enlisted grade upon approval.”
United States v. Yunk, 53 M.J. 145 (C.A.A.F. 2000). · cites it 2× “Second, by operation of Article 58a, UCMJ, 10 USC § 858a, and § 0152 of the Manual of the Judge Advocate General of the Navy, any sentence that included either a punitive discharge or confinement in excess of 3 months automatically reduced appellant’s pay grade to E-1.”
Show all 53 citing cases →
— 10 U.S.C. § 858a(a) — 8 cases
United States v. Marsh, 70 M.J. 101 (C.A.A.F. 2011). “Considering that they could have sentenced him to a dishonorable discharge, five years of confinement, reduction to the lowest enlisted grade, and forfeitures of all pay and allowances, Article 58a(a), Uniform Code of Military Justice (UCMJ), 10 U.”
United States v. Lundy, 58 M.J. 802 (A.C.C.A. 2003).
United States v. Lundy, 60 M.J. 941 (A.C.C.A. 2005).
United States v. Dibb, 26 M.J. 830 (1988).
United States v. Powell (N.M.C.C.A. 2021).
— 10 U.S.C. § 858a(a)(l) — 1 case
Gay Vets. Ass'n, Inc. v. Sec'y of Def., 668 F. Supp. 11 (D.D.C. 1987).
— 10 U.S.C. § 858a(b) — 5 cases
United States v. Slayton (A.F.C.C.A. 2025).
United States v. Marschalek (A.F.C.C.A. 2026).
United States v. Marschalek (A.F.C.C.A. 2026).
United States v. Marshalek (A.F.C.C.A. 2026).
United States v. Byrd (A.F.C.C.A. 2026).
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