(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 124B-105, that includes:

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Terms Used In Hawaii Revised Statutes 124B-95

  • Adjutant general: means the adjutant general of the State as defined in section 121-7. See Hawaii Revised Statutes 124B-1
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Confinement: means the physical restraint of a person. See Hawaii Revised Statutes 124B-1
  • Enlisted member: means a person in an enlisted grade. See Hawaii Revised Statutes 124B-1
  • Governor: means the governor of the State. See Hawaii Revised Statutes 124B-1
  • Grade: means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation. See Hawaii Revised Statutes 124B-1
  • Record: when used in connection with the proceedings of a court-martial or court of inquiry, means:

    (1) An official written transcript, written summary, or other writing relating to the proceedings; or
    (2) An official audiotape, videotape, digital image or file, or similar material from which sound, or sound and visual images, depicting the proceedings may be reproduced. See Hawaii Revised Statutes 124B-1
(1) A dishonorable or bad-conduct discharge; or
(2) Confinement, shall reduce that member to pay grade E-1, if the reduction is authorized by rules adopted by the governor or adjutant general. 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) or (2), the rights and privileges of which the member was deprived because of that reduction shall be restored to the member and the member shall be entitled to the pay and allowances to which the member would have been entitled, for the period the reduction was in effect, had the member not been so reduced.

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