(a) A court-martial sentence described in subsection (b) shall result in the forfeiture of pay or of pay and allowances due that member during any period of confinement or parole. The forfeiture pursuant to this section shall take effect on the date determined under section 124B-93 and may be deferred as provided in that section. The pay and allowances forfeited in the case of a general court-martial shall be all pay and allowances due that member during the period and in the case of a special court-martial shall be two-thirds of all pay due that member during the period.
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Terms Used In Hawaii Revised Statutes 124B-96

  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Convening authority: includes , in addition to the person who convened the court, a commissioned officer commanding for the time being or a successor in command to the convening authority. See Hawaii Revised Statutes 124B-1
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
(b) A sentence covered by this section is any sentence that includes:

(1) Confinement for more than six months; or
(2) Confinement for six months or less and a dishonorable or bad-conduct discharge or dismissal.
(c) In a case involving an accused who has dependents, the convening authority or other person acting under part IX may waive any or all of the forfeitures of pay and allowances required by subsection (a) for a period not to exceed six months. Any amount of pay or allowances that, except for a waiver under this subsection, would be forfeited shall be paid as the convening authority or other person taking action directs to the dependents of the accused.
(d) If the sentence of a member who forfeits pay and allowances under subsection (a) is set aside or disapproved or as finally approved does not provide for a punishment referred to in subsection (b), the member shall be paid the pay and allowances that the member would have been paid, except for the forfeiture, for the period during which the forfeiture was in effect.

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