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FORPAYForfeiture of Pay
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OFFENCE -- Senior officials in nexus with arms dealers sold around 17 weapons PUNISHMENT-- Forfeiture of pay hike and seniority ranging from three to one year and " severe reprimand" OFFENCE-- As many as 46 officers sold weapons without authority's sanction PUNISHMENT-- Forfeiture of pay hike and seniority of two years and fine of ` 500 OFFENCE -- As many as 25 officers posted in Indian Military Training Team ( IMRAT), Bhutan, imported ammunition in excess of their authorisation PUNISHMENT-- a note of severe displeasure LET OFF LIGHTLY Court was giving verdict in a PIL filed in 2007 by lawyer Arvind Sharma, who alleged " widespread nexus" involving Army officers and arms dealers.
Forfeiture of Pay (The accused's end of obligated service is
adjudged forfeiture of pay (and allowances) is suspended for XX months
Currently, the range of punishments available in a military court-martial are as follows, listed in approximate order from least severe to most severe: no punishment, reprimand, restriction, reduction in grade (enlisted only), hard labor without confinement (enlisted only), forfeiture of pay (and allowances), fine, confinement, punitive discharge, death, or any combination of the foregoing.
Forfeiture of pay and allowances would seem to be an effective punishment at first blush, but there are several technicalities that make it an ineffective punishment for the retirement-eligible accused.
(20) A general court-martial may sentence an accused to either total or partial forfeiture of pay. (21) A court-martial may only sentence an accused to forfeit allowances if the sentence also includes total forfeiture of pay.
As such, some variation of forfeiture of pay and allowances was adjudged in 35% of reported cases.
The maximum punishment for a premeditated murder conviction is death, dishonorable discharge from the armed forces, reduction to the lowest enlisted grade and total forfeiture of pay and allowances, Col Kolb said.
subordinate branches could only seek forfeiture of pay and allowances
As previously discussed, a convening authority can waive the automatic forfeiture of pay and allowances only if the accused is otherwise entitled to such pay and allowances.
(28) In upholding the convening authority's action, the court held: [I]f the sentence of a court-martial includes a partial forfeiture of pay, or forfeiture of all pay and allowances, and otherwise keys [i.e., triggers]'Article 58b(a)(1), and the accused requests a waiver which is granted, the convening authority is not required to first disapprove the adjudged forfeiture in order to effect the waiver.
These include death, punitive discharge, confinement, hard labor without confinement, restriction to specified limits, reduction in pay grade, a fine, forfeiture of pay and allowances, and a reprimand.