Waiver of forfeitures

Waiver of forfeitures

Waiver of forfeitures

  1. courtmartialdefenselawyer82Accused may request waiver of automatic forfeitures (Article 58b, UCMJ) or the CAmay waive sua sponte . The accused’s request should be in writing.
  2. Waiver is allowed for a period not to exceed six months and is for the purpose ofproviding support to the accused’s dependents, as defined in 37 U.S.C. § 401.
  3. Factors CA may consider include: “the length of the accused’s confinement, the number and age(s) of the accused’s family members, whether the accused requested waiver, any debts owed by the accused, the ability of the accused’s family members to find employment, and the availability of transitional compensation for abused dependents permitted under 10 U.S.C. 1059.” RCM 1101(d)(2).
  4. Unlike the CA’s action on a deferral of forfeitures, there is no requirement that asimilar decision on waiver of forfeitures be in writing or that it be served on the accused. United States v. Zimmer , 56 M.J. 869, 872 n.4 (A. Ct. Crim. App. 2002). According to Zimmer , such a decision is also not subject to judicial review. Id .
  5. Waiver of forfeitures is authorized a
  6. United States v. Nicholson , 55 M.J. 551 (A. Ct. Crim. App. 2001). SJA advicestating that waiver request prior to action is premature and must be submitted as part of the RCM 1105 submissions was incorrect. The convening authority may waive and direct payment of any automatic forfeitures when they become effective by operation of Article 57(a) – the earlier of fourteen days after sentence is adjudged or date the sentence is approved by the CA. See also United States v. Kolodjay , 53 M.J. 732 (A. Ct. Crim. App. 1999) (noting that the CA’s action apparently would not achieve his objective of a six month waiver because the waiver dated back to the date the sentence was adjudged rather than fourteen days thereafter; a waiver is valid only when there are forfeitures to waive).
  7. s soon as they become effective; need not waituntil action.

Deferment of reduction in rank. Processed like a request for deferment of confinement orforfeitures. See supra Sections VI.B. and VI.C.