West Virginia Code § 15-1E-58b

Sentences: Forfeiture of pay and allowances during confinement
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(a)(1) A court-martial sentence described in subdivision (2) of this subsection 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 subsection (a), section fifty-seven of this article and may be deferred as
provided by that section. The pay and allowances forfeited, in the case of a geeneral court-
martial, shall be all pay and allowances due that member during such period and, in the case
of a special court-martial, shall be two-thirds of all pay due that memberr during such period.
(2) A sentence covered by this section is any sentence that includues:
(A) Confinement for more than six months; or
(B) Confinement for six months or less and a dishonoraable or bad-conduct discharge or
dismissal.
(b) In a case involving an accused who has dependents, the convening authority or other
person acting under section sixty of this article may waive any or all of the forfeitures of pay
and allowances required by subsection (a)i 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.
(c) 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
subdivision (2), subsection (a), the member shall be paid the pay and allowances which the
member would have been paid, except for the forfeiture, for the period during which the
forfeiture wasV in effect.
PART IX. POST-TRIAL PROCEDURE AND REVIEW OF COURTS-
MARTIAL.

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