Military members who are found guilty by a military court-martial often are sentenced to confinement, reduction in rank, forfeiture of pay and/or an assessment of a fine and a discharge from the military. The military member can request a deferral and waiver of the forfeitures of pay to support his or her immediate family members for up to six months after the commander approves the sentence and the deferral.

Manual for Courts-Martial

The Manual for Courts-Martial, which applies to all the Services’ military justice systems, identifies the procedures for requesting a deferral and waiver of forfeitures of pay to support dependents. Immediately following the military hearing, the record of the trial is prepared and sent to the court-martial convening authority for approval. A request for deferral and waiver can be submitted along with the record of trial to the convening authority for his or her consideration.

Reasons for a Waiver and Deferral

Forfeitures can be deferred until the convening authority takes action on the findings and sentence and a waiver can be granted for up to six months thereafter under Rule 1101 of the Manual for Courts-Martial. Deferring and waiving automatic forfeitures resulting from a sentence to confinement can provide for continuing dependent support for that limited period of time. The convening authority may consider factors such as the length of the accused confinement, the number and ages of the family members, debts owed and ability of the family members to find employment.

Military Defense Attorney

This deferral and waiver provision allows military family members to continue to meet financial obligations while transitioning to new circumstances outside of the military environment. Each military case is unique in facts and circumstances, however the military defense attorney can assess whether or not the request for deferral or waiver of forfeitures should be pursued either as a condition for a plea bargain or a matter for clemency after the court-martial concludes.

Three soldiers convicted of murder in late March 2007 execution-style of slayings of four bound and blindfolded Iraqi detainees. Two soldiers are serving life sentences and the third is serving 25 years. Their sentences were reduced to 40 and 20 years on appeal. The Iraqi’s had been taken into custody by the Soldiers in the Spring of 2007 after an exchange of gun fire with the Soldier’s unit.

MSgt Hatley Convicted

Master Sergeant John E. Hatley, the senior military member of the three, was acquitted of a fifth murder, but convicted of conspiracy to commit murder. A military member serving a life sentence resulting from a military court-martial is eligible for parole in 20 years. On August 14, 2009, His sentence was reduced from life to 40 years as a result of a clemency petition.

Clemency Petition Granted

A clemency petition is a request to the convening authority (usually the first general officer in the chain of command) to reduce the sentence from a court-martial. The military defense attorney provides a written request on behalf of the military member to justify why the convening authority ought to use his or her authority to reduce the sentence in the name of justice or fairness. A clemency petition outlines all the mitigating circumstances of the event leading to the conviction and the personal circumstance of the military member and his or her family.

Appeal Process and Presidential Pardons

Baring the convening authority’s change of the sentence, all military members cases that were convicted at courts-martial are automatically reviewed on appeal. Appeals review the military justice processes in accordance with the UCMJ and Manual for Courts-Martial to ensure a fair trial. In some cases, appeals can reverse some aspects of a court-martial requiring a military judge to review the case. After a military member has requested clemency and his or her case reviewed through the appeal process, the next step in gaining relief from the conviction is through a Presidential pardon.