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SUBJ/INTERIM CHANGE TO THE MANUAL OF THE JUDGE ADVOCATE GENERAL

REF/A/DOC/JAGMAN CH-2/26AUG19

RMKS/1.  To clarify reference (a) as it pertains to automatic reductions in 
pay grade at courts-martial, Section 0153e is amended as follows, 0153e. 
Automatic reduction in pay grade. Automatic reduction to the lowest enlisted 
pay grade by operation of UCMJ, Art. 58a will be effected in the Naval 
service only in accordance with this subsection.
    a.  Any conviction for an offense committed before 1 January 2019.
Reduction to the lowest enlisted pay grade will be automatically effected 
only in a case in which the sentence as approved by the convening authority, 
includes, whether or not suspended, either
        (1) a dishonorable or bad-conduct discharge, or
        (2) confinement in excess of 90 days, if the sentence is awarded in 
days, or in excess of 3 months, if the sentence is awarded in months or 
years.
    b.  Any conviction for an offense committed on or after 1 January 2019 
and before the President has delegated authority to the Secretary to 
establish conditions for automatic reductions.  Automatic reduction in pay 
grade is not authorized.
    c.  Any conviction for an offense committed both (a) on or after 1 
January 2019, and (b) after the President has delegated authority to the 
Secretary to establish conditions for automatic reductions. Reduction to the 
lowest enlisted pay grade will be automatically effected for any sentence 
that includes:
        (1) a dishonorable or bad-conduct discharge; or
        (2) confinement in excess of 90 days, if the sentence is awarded in 
days, or in excess of 3 months, if the sentence is awarded in months or 
years.
    d.  The convening authority has the sole discretion to remit the 
automatic reduction, or may retain the accused in the pay grade held at the 
time of the sentence or in an intermediate pay grade and suspend the 
automatic reduction to pay grade E-1 that would otherwise be effective under 
Article 58a, UCMJ, and this subsection.  The automatic reduction may be 
suspended without regard to whether any part of the approved sentence was 
suspended.  If however, the adjudged sentence includes a reduction in pay 
grade that is below the pay grade at which the convening authority desires to 
have the accused retained, the reduction adjudged in the sentence should be 
suspended for the same period as the automatic reduction is suspended.
Additionally, the convening authority may direct that the accused serve in 
pay grade E-1 while in confinement but be returned to the pay grade held at 
the time of sentence or an intermediate pay grade upon release from 
confinement.  Failure of the convening authority to address automatic 
reduction will result in the automatic reduction to pay grade E-1 on the date 
of the convening authoritys action for cases referred prior to 1 January 2019 
or the date of the Entry of Judgment for cases referred on or after 1 January 
2019.

2.  This amendment codifies existing practice in the Navy and Marine Corps 
and is effective as of 1 January 2019.

3.  The JAGMAN may be accessed and downloaded from the Department of the Navy 
directives website at 
https://doni.documentservices.dla.mil/secnavmanuals.aspx.  The JAGMAN may 
also be accessed at the official Judge Advocate General's Corps website at 
http://www.jag.navy.mil.

4.  Released by the Honorable Richard V. Spencer, Secretary of the Navy.//

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