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Army Regulation 633–30AFR 125-30

Apprehensions and Confinement

MilitarySentences toConfinement

HeadquartersDepartments of the Army, Air ForceWashington, DC28 February 1989

UNCLASSIFIED

SUMMARY of CHANGEAR 633–30/AFR 125–30Military Sentences to Confinement

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HeadquartersDepartments of the Army, Air ForceWashington, DC28 February 1989

Apprehensions and Confinement

Military Sentences to Confinement

Army Regulation 633–30AFR 125–30

Effective 28 March 1989

H i s t o r y . T h i s p u b l i c a t i o n h a s b e e nreorganized to make it compatible with theA r m y e l e c t r o n i c p u b l i s h i n g d a t a b a s e . N ocontent has been changed.S u m m a r y . T h i s i s a c h a n g e t o A R633–30, 6 November 1964. This changei m p l e m e n t s p o l i c i e s a n d p r o c e d u r e s r e -quired by DOD Directive 1325.4, the de-c i s i o n o f t h e U . S . C o u r t o f M i l i t a r yAppeals in the case of U.S. v. Allen, 17MJ 126 (CMA 1984) and the Manual forCourts–Martial, United States, 1984.Applicability. Not applicableProponent and exception authority.The proponent agency of this regulation isthe office of the Deputy Chief of Staff forOperations and Plans.

Army management control process.Not applicable.Supplementation. Not applicableInterim changes. Not applicableSuggested Improvements. Users areinvited to send comments and suggestedimprovements on DA Form 2028 (Recom-m e n d e d C h a n g e s t o P u b l i c a t i o n s a n dB l a n k F o r m s ) d i r e c t l y t o H Q D A(DAMO–ODL), WASH DC 20310D i s t r i b u t i o n . A r m y : A c t i v e A r m y ,ARNG, USAR: To be distributed in ac-cordance with DA Form 12–9A require-ments for AR, Military Police—D.

Air Force: F:A c t i v e A r m y : T o b e d i s t r i b u t e d i n

accordance with DA Form 12–09–E. re-quirements for AR 633–30, (D) ARNGand USAR: None.

Contents (Listed by paragraph and page number)

Section IGENERAL, page 2Purpose. • 1, page 1Definitions. • 2, page 1Abbreviations. • 3, page 1Operation of sentences. • 4, page 2Operative and inoperative time. • 5, page 3Abatements. • 6, page 4Forfeiture of abatements. • 7, page 4Restoration of forfeited abatement. • 8, page 5

AR 633–30/AFR 125–30 • 28 February 1989 i

UNCLASSIFIED

Contents—Continued

Remission of sentence. • 9, page 5

Section IISENTENCES ADJUDGED PRIOR TO 31 MAY 1951, page 5Rate of abatement for good conduct. • 10, page 5Inoperative time. • 11, page 6Method of computation. • 12, page 6

Section IIISENTENCES ADJUDGED ON OR AFTER 31 MAY 1951, page 8Rate of abatement for good conduct. • 13, page 8Method of Computation. • 14, page 10

Section IVTABLE OF CONSECUTIVE DAYS, page 21Use of table. • 15, page 21Table • 16, page 22

Figure List

Figure 1–1:, page 2Figure 2–1: Rate of Earning, page 6Figure 2–2:, page 7Figure 2–3:, page 7Figure 2–4:, page 7Figure 2–5:, page 8Figure 2–6:, page 8Figure 3–1: Rate of Earning, page 9Figure 3–2:, page 10Figure 3–3:, page 10Figure 3–4:, page 10Figure 3–5:, page 11Figure 3–6:, page 11Figure 3–7:, page 11Figure 3–8:, page 12Figure 3–9:, page 12Figure 3–10:, page 13Figure 3–11:, page 13Figure 3–12:, page 14Figure 3–13:, page 15Figure 3–14:, page 15Figure 3–15:, page 16Figure 3–16:, page 16Figure 3–17:, page 17Figure 3–18:, page 17Figure 3–19:, page 18Figure 3–20:, page 18Figure 3–21:, page 19Figure 3–22:, page 19Figure 3–23:, page 20Figure 3–24:, page 20Figure 3–25:, page 20Figure 3–26:, page 21Figure 4–1:, page 21Figure 4–2:, page 21Figure 4–3:, page 22

ii AR 633–30/AFR 125–30 • 28 February 1989


Figure T–1: 1950 Expiration Table, page 23Figure T–2: 1951 Expiration Table, page 24Figure T–3: 1952 Expiration Table, page 25Figure T–4: 1953 Expiration Table, page 26Figure T–5: 1954 Expiration Table, page 27Figure T–6: 1955 Expiration Table, page 28Figure T–7: 1956 Expiration Table, page 29Figure T–8: 1957 Expiration Table, page 30Figure T–9: 1958 Expiration Table, page 31Figure T–10: 1959 Expiration Table, page 32Figure T–11: 1960 Expiration Table, page 33Figure T–12: 1961 Expiration Table, page 34Figure T–13: 1962 Expiration Table, page 35Figure T–14: 1963 Expiration Table, page 36Figure T–15: 1964 Expiration Table, page 37Figure T–16: 1965 Expiration Table, page 38Figure T–17: 1966 Expiration Table, page 39Figure T–18: 1967 Expiration Table, page 40Figure T–19: 1968 Expiration Table, page 41Figure T–20: 1969 Expiration Table, page 42Figure T–21: 1970 Expiration Table, page 43Figure T–22: 1971 Expiration Table, page 44Figure T–23: 1972 Expiration Table, page 45Figure T–24: 1973 Expiration Table, page 46Figure T–25: 1974 Expiration Table, page 47Figure T–26: 1975 Expiration Table, page 48Figure T–27: 1976 Expiration Table, page 49Figure T–28: 1977 Expiration Table, page 50Figure T–29: 1978 Expiration Table, page 51Figure T–30: 1979 Expiration Table, page 52Figure T–31: 1980 Expiration Table, page 53Figure T–32: 1981 Expiration Table, page 54Figure T–33: 1982 Expiration Table, page 55Figure T–34: 1983 Expiration Table, page 56Figure T–35: 1984 Expiration Table, page 57Figure T–36: 1985 Expiration Table, page 58Figure T–37: 1986 Expiration Table, page 59Figure T–38: 1987 Expiration Table, page 60Figure T–39: 1988 Expiration Table, page 61Figure T–40: 1989 Expiration Table, page 62Figure T–41: 1990 Expiration Table, page 63Figure T–42: 1991 Expiration Table, page 64Figure T–43: 1992 Expiration Table, page 65Figure T–44: 1993 Expiration Table, page 66Figure T–45: 1994 Expiration Table, page 67Figure T–46: 1995 Expiration Table, page 68Figure T–47: 1996 Expiration Table, page 69Figure T–48: 1997 Expiration Table, page 70Figure T–49: 1998 Expiration Table, page 71Figure T–50: 1999 Expiration Table, page 72Figure T–51: 2000 Expiration Table, page 73Figure T–52: 2001 Expiration Table, page 74Figure T–53: 2002 Expiration Table, page 75Figure T–54: 2003 Expiration Table, page 76Figure T–55: 2004 Expiration Table, page 77

iiiAR 633–30/AFR 125–30 • 28 February 1989


Figure T–56: 2005 Expiration Table, page 78Figure T–57: 2006 Expiration Table, page 79Figure T–58: 2007 Expiration Table, page 80Figure T–59: 2008 Expiration Table, page 81Figure T–60: 2009 Expiration Table, page 82Figure T–61: 2010 Expiration Table, page 83Figure T–62: 2011 Expiration Table, page 84Figure T–63: 2012 Expiration Table, page 85Figure T–64: 2013 Expiration Table, page 86Figure T–65: 2014 Expiration Table, page 87Figure T–66: 2015 Expiration Table, page 88Figure T–67: 2016 Expiration Table, page 89Figure T–68: 2017 Expiration Table, page 90Figure T–69: 2018 Expiration Table, page 91Figure T–70: 2019 Expiration Table, page 92Figure T–71: 2020 Expiration Table, page 93Figure T–72: 2021 Expiration Table, page 94Figure T–73: 2022 Expiration Table, page 95Figure T–74: 2023 Expiration Table, page 96Figure T–75: 2024 Expiration Table, page 97Figure T–76: 2025 Expiration Table, page 98Figure T–77: 2026 Expiration Table, page 99Figure T–78: 2027 Expiration Table, page 100Figure T–79: 2028 Expiration Table, page 101Figure T–80: 2029 Expiration Table, page 102Figure T–81: 2030 Expiration Table, page 103Figure T–82: 2031 Expiration Table, page 104Figure T–83: 2032 Expiration Table, page 105Figure T–84: 2033 Expiration Table, page 106Figure T–85: 2034 Expiration Table, page 107Figure T–86: 2035 Expiration Table, page 108Figure T–87: 2036 Expiration Table, page 109Figure T–88: 2037 Expiration Table, page 110Figure T–89: 2038 Expiration Table, page 111Figure T–90: 2039 Expiration Table, page 112Figure T–91: 2040 Expiration Table, page 113Figure T–92: 2041 Expiration Table, page 114Figure T–93: 2042 Expiration Table, page 115Figure T–94: 2043 Expiration Table, page 116Figure T–95: 2044 Expiration Table, page 117Figure T–96: 2045 Expiration Table, page 118Figure T–97: 2046 Expiration Table, page 119Figure T–98: 2047 Expiration Table, page 120Figure T–99: 2048 Expiration Table, page 121Figure T–100: 2049 Expiration Table, page 122Figure T–101: 2050 Expiration Table, page 123Figure T–102: 2051 Expiration Table, page 124Figure T–103: 2052 Expiration Table, page 125Figure T–104: 2053 Expiration Table, page 126Figure T–105: 2054 Expiration Table, page 127Figure T–106: 2055 Expiration Table, page 128Figure T–107: 2056 Expiration Table, page 129Figure T–108: 2057 Expiration Table, page 130Figure T–109: 2058 Expiration Table, page 131Figure T–110: 2059 Expiration Table, page 132

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Figure T–111: 2060 Expiration Table, page 133Figure T–112: 2061 Expiration Table, page 134Figure T–113: 2062 Expiration Table, page 135Figure T–114: 2063 Expiration Table, page 136Figure T–115: 2064 Expiration Table, page 137

vAR 633–30/AFR 125–30 • 28 February 1989

RESERVED

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Section IGENERAL

1. Purpose.a. This regulation prescribes procedures for the computation of sentences to confinement of persons subject to the

Uniform Code of Military Justice serving sentences in the custody of the Department of the Army or Air Force. Suchpersons are hereinafter referred to as prisoners.

b. The premature or tardy release of prisoners from confinement results in poor prisoner morale and reflectsunfavorably upon the administration of confinement by the Departments of the Army and the Air Force. Further, it isimperative that the essential legal rights of the individual be protected by insuring that he is not held beyond the properrelease date. Accordingly, commanding officers of confinement facilities will exercise close and continuing commandsupervision over the computation of sentence expiration dates.

c. Questions regarding clarification of computation of expiration date for Army prisoners will be forwarded to theOffice of the Deputy Chief of Staff for Operations and Plans (DAMO–ODL), Washington, DC 20310–0440. Questionsregarding clarification of computation for Air Force prisoners will be forwarded to HQ AFOSP/SPOL, Kirkland AFBNM 87117–6001.

2. Definitions.For the purpose of this regulation, the following definitions, in addition to those contained in AR 190–47 and AFR125–18, are applicable:

a. Abatements.

(1) Good conduct time. Any deductions from the term of a sentence for good conduct.(2) Extra good time. Any deductions from the term of a sentence which may be earned for actual employment in

assignments for which extra good time has been approved.b. Inoperative time. Any period of time during which a prisoner is not credited with serving his sentence to

confinement (para. 5b).c. Full term of sentence. The entire sentence to confinement without deductions for abatements.d. Short term of sentence. The full term of sentence as reduced by credit for abatements.e. Maximum release date. (Applicable to sentences adjudged on or after 31 May 1951.) The day preceding the date

determined by adding the full term of the sentence to the beginning date of the sentence.f. Minimum release date. (Applicable to sentences adjudged on or after 31 May 1951.) The maximum release date

reduced by the actual number of days of abatement credited on the sentence and further adjusted by forfeitures ofabatement, where applicable.

g. Short term release date. (Applicable to sentences adjudged prior to 31 May 1951.) The day preceding the datedetermined by adding the term of the sentence as reduced by abatements to the beginning date of the sentence.

h. Parole violator term. The unexpired term of the sentence to be served by a prisoner who has violated paroledetermined as follows:

(1) For a prisoner whose sentence was adjudged prior to 31 May 1951, such term will be determined by extendingthe short term release date of the sentence prior to his going on parole, by the time difference (number of calendarmonths and days) between the date of release on parole and the date of return to confinement and further extendingthat date on an actual day basis by the number of days good conduct time to the prisoner’s credit on the date of parole.Such term may later be reduced by the restoration of the good conduct time forfeited.

(2) For a prisoner whose sentence is adjudged on or after 31 May 1951, such term will be the actual number of daysdifference between the date of release on parole and the maximum expiration date of his sentence. This term may bereduced by the good conduct time which may be earned on the parole violator term at the rate applicable to the fullterm of the sentence. The day of release on parole is credited as a day in confinement. Parole violators will not becredited with good conduct time or extra good time which was earned prior to the date of their release on parole.

3. Abbreviations.For the purpose of this regulation only, the following abbreviations are applicable to the “examples” shown in sectionsII and III:

1AR 633–30/AFR 125–30 • 28 February 1989

Figure 1-1.

4. Operation of sentences.a. Beginning date. The date the sentence of a court–martial is adjudged will mark the beginning date of the sentence

to confinement. If a prisoner served pretrial confinement for the offense(s)or act(s)for which the sentence was imposed,the beginning date will be administratively adjusted to reflect the time spent in pretrial confinement and any additionalpretrial confinement credit ordered by the military judge, convening authority, or appellate court. Any days not spent inconfinement will be counted as inoperative time.

b. Multiple sentences. A sentence to confinement adjudged by a court–martial will not be served concurrently withany other sentence to confinement adjudged by a court–martial or a civil court.

(1) When a prisoner serving a court–martial sentence to confinement adjudged on or after 31 May 1951 issubsequently convicted by a court–martial for another offense and sentenced to a term of confinement, the subsequentsentence, upon being ordered into execution, will begin to run as of the date adjudged and will interrupt the running ofthe prior sentence. After the subsequent sentence has been executed fully the prisoner will resume the service of anyunremitted interrupted sentence to confinement. When the suspension of a sentence is vacated, the unexecuted portionof the sentence to confinement will begin to run on the date the vacation of the suspension becomes effective, and theexecution thereof will interrupt the running of any other sentence to confinement which the prisoner may be serving atthe time.

(2) A sentence adjudged prior to 31 May 1951 which includes confinement without discharge, followed by asentence including both confinement and discharge, whether or not the discharge is suspended, will be regarded ashaving terminated upon the date the sentence including discharge takes effect, leaving to be executed only thedischarge and confinement adjudged by the second sentence.

(3) A prisoner in confinement under sentence including discharge, whether or not the discharge is suspended, whoreceives a subsequent sentence or sentences to confinement adjudged prior to 31 May 1951, either with or withoutdischarge, will serve all of the sentences consecutively.

(4) A prisoner in confinement under a sentence including discharge, whether or not the discharge is suspended,adjudged prior to 31 May 1951, who receives a subsequent sentence or sentences to confinement, adjudged on or after31 May 1951, will, subject to any limitation as to the designation of the place of confinement, serve all of thesentences in the manner prescribed in (1) above.

(5) The vacation of the suspension of a prior sentence which includes a discharge and confinement operates to remitthe unexecuted portion of any sentence adjudged prior to 31 May 1951 which does not include discharge and isordered executed during the period of suspension.

c. Aggregation of sentences.(1) Two or more sentences which were adjudged prior to 31 May 1951 standing against a prisoner will be

considered in the aggregate for the purpose of computing the date of eligibility for parole, restoration to duty, and theshort term expiration date of the sentences.

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(2) Except as provided in (4) below, two or more sentences adjudged on or after 31 May 1951, standing against aprisoner will be considered in the aggregate to determine the rate of earning abatement for good conduct time and thedates of eligibility for parole and restoration to duty.

(3) Sentences adjudged prior to 31 May 1951, will be considered in the aggregate with sentences adjudged on orafter 31 May 1951, for the purpose of determining dates of eligibility for parole and restoration to duty, but not for thepurpose of determining expiration dates or rates of earning good conduct time.

(4) A parole violator term on a sentence adjudged on or after 31 May 1951, will not be considered in the aggregatewith any subsequent sentence to determine the rate of earning abatement for good conduct, but will be considered inthe aggregate to determine the date of eligibility for reparole and restoration to duty.

(5) A parole violator term on a sentence adjudged prior to 31 May 1951, will be considered in the aggregate withany other sentence adjudged prior to 31 May 1951, for the purpose of computing the date of eligibility for reparole,restoration to duty, and the short term expiration date of the sentence.

(6) A parole violator term on a sentence adjudged prior to 31 May 1951, will be considered in the aggregate withany sentence adjudged on or after 31 May 1951, for the purpose of determining dates of eligibility for reparole andrestoration to duty, but not for the purpose of determining expiration dates or rates of earning abatement.

d. Sentences adjudged on rehearing and new trials. In computing the term of confinement actually to be servedunder a sentence adjudged upon a rehearing, or upon a new trial ordered under Uniform Code of Military JusticeArticle 73, the prisoner will be credited with any confinement, served or executed under the original sentence prior tothe date upon which the new sentence was adjudged. Unless the confinement adjudged at the original trial wassuspended or deferred, any confinement served between the date the original sentence was set aside and the date newsentence was adjudged is also to be credited. Appropriate credit under this subparagraph will be given all prisoners inconfinement on or after the date of the promulgation of this change.

e. Sentences adjudged at “another trial” (para 92b, MCM, 1969 (Revised edition)). When court–martial proceedingshave been declared invalid because of lack of jurisdiction or failure of the charges to allege any offense cognizable bycourts–martial and another trial has been ordered, credit for confinement served or executed under the prior sentencewill be granted in the same fashion as set, forth in paragraph 4d, above.

f. Remission, vacation, or suspension of sentences. See Uniform Code of Military Justice, Articles 71, 72, and 74.g. Release of prisoners. A prisoner shall be released at the expiration of his sentence to confinement, less the time

deducted for good conduct (and, if applicable, extra good time). If release date falls upon a Saturday, Sunday, orholiday the prisoner will be released on the preceding duty day.

5. Operative and inoperative time.a. Operative. A sentence to confinement, hard labor without confinement, restriction to limits, or deprivation of

privileges is continuous until the term expires and is interrupted only by inoperative time.b. Inoperative. Inoperative time consists of any period during which a prisoner is not credited with serving his

sentence. Inoperative time will include the period while absent without authority; while absent from confinement on aparole which proper authority has suspended and later revoked, only as provided in paragraphs (1) and (2) below;while erroneously released from confinement through misrepresentation or fraud on the part of the prisoner; whileabsent after delivery to civil authorities, if subsequently convicted by a civil tribunal; while in a restored to duty statusunder a suspended sentence, the suspension of which is later vacated; the time between release from pretrial confine-ment and the date of re–entry into pretrial confinement (if convicted of the offense(s)for which the soldier was placedin pretrial confinement)or the date the sentence of a court martial is adjudged (if the prisoner was not convicted of anyof the offense(s) for which the soldier was placed in pretrial confinement) or while the sentence is interrupted asprescribed in paragraph 4b(1). An escaped prisoner who is returned to military authority, but whose status, as aprisoner is not known to such authority, and who conceals their status as a prisoner, continues to be “absent withoutauthority” within the meaning of this regulation.

(1) If the parolee has been convicted of a new offense committed subsequent to release on parole, which ispunishable by a term of imprisonment, the time from the date of release to the date of suspension or revocation of thatparole as a result of that new offense may be declared inoperative by the Service Clemency and Parole Board. Anactual term of confinement need not have been imposed for such conviction if the statute under which the parolee wasconvicted permits the trial court to impose any term of confinement. If such conviction occurs subsequent to a paroleviolation hearing, the Clemency and Parole Board may reopen the hearing for the purpose of reconsidering whethertime served on parole should be declared inoperative.

(2) If the Clemency and Parole Board finds that a parolee intentionally refused or failed to respond to anyreasonable request, order, or summons of the Clemency and Parole Board or any agent thereof, including the assignedProbation Officer, or if the Clemency and Parole Board finds that the parolee was materially not in compliance withthe conditions of parole, the Clemency and Parole Board may declare inoperative the time during which the parolee sorefused or failed to respond or comply.

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c. Rehearings and new trials. Operative and inoperative time on sentences adjudged upon rein hearings or new trialswill be governed by the operation of sentences as set forth in paragraph 4d.

6. Abatements.a. Good conduct time.(1) Abatement of sentence for good conduct will be credited according to the rates authorized in paragraphs 10 and

13.(2) For the purpose of computing good conduct time which can be earned on a sentence, all months of the sentence

will be considered as calendar months and all fractions of months will be considered as fractions of 30 days.(3) In order to secure uniformity in computing abatement of terms of confinement, a prisoner will be credited at the

beginning of his confinement under sentence with all good conduct time which can be carried during the entire periodof his sentence.

(4) In crediting abatements earnable under a sentence, fractions of days will be disregarded.(5) An action that results in the remission, mitigation, or disapproval of a portion of the sentence to confinement

may result in the application of a lesser rate of earning good conduct abatement, and thereby increase the sentence toconfinement by extending the minimum release date. To prevent this increase, it is necessary in such cases todetermine the minimum release date which would have resulted if such action had not been taken to reduce thesentence, and the minimum release date of the sentence as reduced, and to select the date which will permit the earlierrelease of the prisoner. However, in all cases, the maximum release date will be the date established for the sentence asfinally approved or as subsequently modified.

b. Extra good time.(1) A prisoner in confinement in a disciplinary barracks serving a sentence or sentences for a definite term or terms

of confinement, other than for life, may earn extra good time for employment in industries, work projects, or otheractivities or assignments at the rates and under the conditions prescribed in AR 190–47.

(2) A military prisoner in confinement in a Federal penal or correctional institution may earn extra good time at therates and under the conditions prescribed by the United States Department of Justice.

(3) All extra good time earned while serving a sentence to confinement will reduce the period of time to be spent inconfinement under that sentence on an actual day basis, regardless of the date the sentence was adjudged.

c. Abatement earned and credited while in Federal custody.(1) Sentences adjudged prior to 31 May 1951.(a) Good conduct abatement, earned on sentences which provided for confinement in Federal penal or correctional

institutions will be credited at the statutory rate prescribed for such institutions for that period of the sentence served ina Federal penal or correctional institution and at the rate prescribed for Army and Air Force confinement facilities forthat period of time actually served in such facilities. If a prisoner having served a period of time in a Federal penal orcorrectional institution is transferred to an Army or Air Force confinement facility, the good conduct abatementcredited at statutory rates prescribed for Federal institutions will be recomputed, whenever the sentence is reduced, onthe basis of the current length of sentence. For the effect a reduction in length of sentence will have on forfeitures, seeparagraph 7a(3).

(b) Good conduct abatement earned on sentences in which military custody was originally designated, even thoughthe prisoner is subsequently transferred to a Federal penal or correctional institution and returned, will be credited atthe rate prescribed for an Army or Air Force confinement facility for the entire period of the sentence.

(2) Sentences adjudged on or after 31 May 1951.(a) Good time abatement for Army or Air Force prisoners confined in Federal penal or correctional institutions is

computed according to the rates established by 18 USC 4161. Good time abatement for Army or Air Force prisonersconfined in institutions over which the Departments of the Army or Air Force have control, is computed according toparagraph 13a through g of this regulation.

(b) The good conduct time credited on the sentence of a prisoner who served in a Federal penal or correctionalinstitution any portion of a sentence and who is returned to an Army or Air Force confinement facility, will berecomputed whenever the length of the sentence or sentence is changed so as to change the rate of earning goodconduct abatement.(For the effect a change in length of sentence will have on forfeitures, see paragraph 7a(4).)

d. Abatement for prisoners whose sentences include fines. The period of confinement imposed solely for nonpay-ment of a fine will not be reduced by credit for good conduct time or extra good time.

e. Abatements while awaiting rehearing. The period between the date on which a trial is disapproved and arehearing is conducted is inoperative time. Sentence abatement of any type, or forfeiture thereof, is not, contemplatedduring this period.

7. Forfeiture of abatements.a. Good conduct abatement.(1) Forfeiture of good conduct time will be computed according to the rates authorized in paragraphs 10 and 13. The

4 AR 633–30/AFR 125–30 • 28 February 1989

provisions of this paragraph apply also to those prisoners in confinement who have forfeited good conduct time stilloutstanding computed at rates of forfeiture set aside by this regulation. Such forfeitures will be recomputed.

(2) If, during the term of imprisonment, a prisoner violates the rules of the institution or commits any offense, all orany part of the good conduct time which has been earned on any unexpired sentence, regardless of where earned, maybe forfeited upon approval by the commanding officer of the installation where the prisoner is confined.

(3) When forfeitures of good conduct time are imposed, the minimum release date of the sentence will be extendedby the actual number of days forfeited. Forfeiture will not be imposed in excess of the amount of good conduct timethat has actually been earned at the date of the forfeiture.

(4) If a reduction in the length of a sentence adjudged on or after 31 May 1951, requires the recomputation of thegood conduct time earnable on the sentence at a rate lower than that applicable at the time of imposition of a forfeitureof all good conduct time earned to the date of the forfeiture, the amount of good conduct time forfeited will berecomputed at the rate applicable to the length of the sentence, as reduced. An increase in the rate of earning goodconduct time on a sentence will have no effect upon the amount of good conduct time previously forfeited.

(5) On sentences adjudged prior to 31 May 1951, all good conduct time earned prior to the date of release on parolewill be forfeited for violation of the terms of parole. Note. For instructions covering a parole violator term on asentence adjudged on or after 31 May 1951, see paragraph 2h(2).

(6) If a prisoner absents himself from a place of confinement through escape, violation of local parole, failure toreturn from a temporary home parole, or any other unauthorized absence, all of his good conduct time earned prior toand including the day such unauthorized absence begins, will be forfeited.

(7) Good conduct time may be forfeited administratively for the following reasons:(a) A sentenced military person whose sentence includes confinement and discharge or dismissal may be temporar-

ily retained in the status of a prisoner for a brief period of time following the date on which he is due for release withcredits for abatement, provided he agrees in writing to remain voluntarily in confinement for the period desired. Suchaction will be taken only in exceptional cases, such as those in which temporary hospitalization or medical treatment isrequired or where brief periods of time are required for completion of restoration proceedings or other arrangements forthe benefit of the prisoner.

(b) Pending disposition of a psychotic or suspected psychotic sentenced military person whose sentence includesconfinement and discharge or dismissal, credit for abatement may be administratively forfeited without prejudice to therecord of the prisoner and without his consent.

(8) Sentences which have expired with allowance for abatement may not be revived for the purpose of forfeitingabatements earned thereon.

(9) If the computation of the total amount of good conduct time forfeited to the date of the last forfeiture results in afraction of a day, the fraction will be disregarded.

(10) To determine the amount of good conduct time which may be forfeited, the rates prescribed in sections II andIII will be used.

b. Extra good time.(1) Extra good time earned on a sentence adjudged prior to 31 May 1951, may not be forfeited.(2) Extra good time earned on a sentence adjudged on or after 31 May 1951, is subject to forfeiture in the same

manner as good conduct time.

8. Restoration of forfeited abatement.a. Forfeited abatements, regardless of where forfeited, may be restored by the commanding officer of the installation

where the prisoner is presently confined.b. Good conduct time forfeited for parole violation on a sentence adjudged prior to 31 May 1951, may be restored.

Note. For instructions concerning a parole violator term on a sentence adjudged on or after 31 May 1951, see paragraph 2h(2).

9. Remission of sentence.The remission of a sentence operates to cancel all credits for good conduct time and extra good time earned under thesentence and all inoperative time applicable to that sentence.

Section IISENTENCES ADJUDGED PRIOR TO 31 MAY 1951

10. Rate of abatement for good conduct.All prisoners with a sentence adjudged prior to 31 May 1951, will be credited with good time at the applicable rates asshown in a through d below for that portion of sentences served in military installations. These rates will be used fordetermination of tentative minimum release dates (deducting from the maximum release date the total good timeallowance for the sentence, the allowance determined by multiplying the number of months in the sentence by theapplicable monthly rate) and for forfeiture and withholding of good time. Forfeiture of good time will be limited to anamount, computed by multiplying the number of months served at the time of the offense for which forfeiture action is

5AR 633–30/AFR 125–30 • 28 February 1989

taken times the applicable rate specified below (less any previous forfeiture and withholding still outstanding). Goodtime will continue to accrue, for purpose of forfeiture computation, beyond the minimum release date. Similarly, goodtime may be withheld from prisoners serving past the minimum release date.

a. Five days for each month of the sentence for a sentence of 1 year or less.b. Five days for each month for the first 12 months of the sentence and 10 days for each succeeding month of the

sentence if the sentence, other than life, exceeds 1 year.c. Upon each succeeding sentence adjudged prior to 31 May 1951, abatement will be credited at the rate of 10 days

for each month of the sentence, provided the prisoner has served 1 year of an immediately preceding sentence whichincluded discharge and the prisoner has not been on a duty status subsequent to the date the immediately precedingsentence either was remitted or expired with credit for abatement.

d. Good conduct time will be credited on a portion of a month of a sentence in accordance with the following chart:

Figure 2-1. Rate of Earning

11. Inoperative time.For sentences adjudged prior to 31 May 1951, inoperative time will extend the expiration date of a sentence on anactual day basis for any period of time spent in escape, and on a calendar month and days basis for all other periods ofinoperative time. The beginning date of such period of inoperative time will be considered as a day out of confinement,but the portion of a day spent in confinement which terminated the period will be credited as a full day in confinement.Periods of less than 24 hours spent in an escape status will not extend the expiration date of a sentence.

12. Method of computation.a. In converting to years, months, and days the amount of good conduct time which a military prisoner can earn on

a sentence, years are assumed to consist of 360 days and months of 30 days; thus, on a sentence of 5 years, a prisonercan earn 540 days of good conduct time at the rates prescribed in paragraph 10, which, converted to months and days,equals 1 year and 6 months. To arrive at the amount of time to be served in confinement on the sentence, convert thegood conduct earnings to months and days (if more than 30 days), and subtract this amount from the total sentence.

b. Examples.

(1) An individual was sentenced to dishonorable discharge and confinement for 5 years. The sentence was adjudged31 August 1948 and was uninterrupted.

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Figure 2-2.

(2) An individual was sentenced to dishonorable discharge and confinement for 5 years. The sentence was adjudged30 August 1946. He was restored to duty under a suspension of the sentence 25 July 1948. The suspension was vacatedon 20 April 1949, and prisoner returned to confinement under same sentence.

Figure 2-3.

(3) An individual was sentenced to dishonorable discharge and confinement for 5 years. The sentence was adjudged25 November 1946. He was restored to duty under a suspension of this sentence on 25 July 1948. While in a restoredstatus, he received another 5–year sentence to confinement, together with dishonorable discharge suspended, adjudged23 January 1949. On 11 February 1949, the suspension of the first sentence was vacated.

Figure 2-4.

7AR 633–30/AFR 125–30 • 28 February 1989

(4) An individual was sentenced to dishonorable discharge and confinement for 20 years, adjudged 16 January 1945.He was restored to duty 3 December 1945 under a suspension of the sentence. The suspension of the sentence wasvacated 20 April 1949 and, by the same order, so much of the unexecuted portion of the sentence to confinement aswas in excess of 5 years was remitted, and the prisoner was returned to confinement to complete his sentence.

Figure 2-5.

(5) An individual was sentenced to discharge and confinement for 5 years for an offense committed 16 February1950. The sentence was adjudged 22 March 1950. Upon application of the accused, and upon good cause shown, TheJudge Advocate General granted a new trial. As a result of the new trial, a similar sentence was adjudged on 16January 1951 and promulgated 29 March 1951.

Figure 2-6.

Section IIISENTENCES ADJUDGED ON OR AFTER 31 MAY 1951

13. Rate of abatement for good conduct.All prisoners with a sentence adjudged on or after 31 May 1931, who are confined in institutions over which theDepartments of the Army or Air Force have control, will be credited with good time at the applicable rates as shown ina through g below. These rates will be used for determination of tentative minimum release dates (deducting from themaximum release date the total good time allowance for the sentence, the allowance determined by multiplying thenumber of months in the sentence by the applicable monthly rate) and for forfeiture and withholding of good time.Forfeiture of good time will be limited to an amount computed by multiplying the number of months served at the timeof the offense for which forfeiture action is taken times the applicable rate specified below (less any previous forfeiture

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and withholding still outstanding). Good time will continue to accrue, for purposes of forfeiture computation, beyondthe minimum release date. Similarly, good time may be withheld from prisoners serving past the minimum release date.

a. Five days for each month of the sentence for a sentence of less than 1 year.b. Six days for each month of the sentence for a sentence of not less than 1 year and less than 3 years.c. Seven days for each month of the sentence for a sentence of not less than 3 years and less than 5 years.d. Eight days for each month of the sentence for a sentence of not less than 5 years and less than 10 years.e. Ten days for each month of the sentence for a sentence of 10 years or more, excluding life.f. If the term of confinement is reduced, or if an additional sentence increases the term of confinement to be served,

the good conduct time will be recomputed at the rate of abatement appropriate to the new term of confinement,provided consideration of the sentences in the aggregate is not prohibited.

g. Good conduct time will be credited on a portion of a month of a sentence in accordance with the following chart:

Figure 3-1. Rate of Earning

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h. Good conduct time will be credited for periods of pretrial confinement to prisoners who have served pretrialconfinement for the offenses for which they are later convicted.

14. Method of Computation.a. All abatement time reduces the maximum release date on an actual day basis and all inoperative time extends the

maximum release date on an actual day basis. Portions of days served in confinement on the dates beginning andterminating any inoperative period, including a period of escapes, will be considered as full days in confinement.

b. Examples.

(1) An individual was sentenced to confinement for 6 months, without discharge, adjudged 8 June 1955, andpromulgated 24 June 1955. The sentence was uninterrupted.

Figure 3-2.

(2) An individual was sentenced to confinement for 81/2 months, without discharge, adjudged 8 June 1955, andpromulgated 24 June 1955. He was restored to duty under a suspension of the sentence 13 October 1955. Thesuspension was vacated on 21 November 1955, and prisoner was returned to confinement under same sentence.

Figure 3-3.

(3) An individual was sentenced to confinement for 6 months, without discharge, adjudged 8 June 1955, andpromulgated 24 June 1955. He received an additional sentence to confinement for 6 months, without discharge,adjudged 15 July 1955, and promulgated 30 July 1955.

Figure 3-4.

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(4) An individual was sentenced to confinement for 6 months, without discharge, adjudged 8 June 1955, andpromulgated 24 June 1955. He received an additional sentence to confinement for 1 year which included discharge,adjudged 15 July 1955, and promulgated 20 August 1955.

Figure 3-5.

(5) An individual was sentenced to confinement for 5 years, with discharge, adjudged 8 June 1955, and promulgated24 June 1955. He received an additional sentence to confinement for 5 years, with or without discharge, adjudged 15July 1955, and promulgated 20 August 1955.

Figure 3-6.

(6) An individual was sentenced to discharge and confinement for 3 years, adjudged 8 June 1955, and promulgated24 June 1955. He escaped from confinement on 3 July 1955, and was returned to confinement 2 August 1955. Hereceived an additional sentence to confinement, with discharge, for 8 years, adjudged 15 August 1955, and promulgated25 September 1955. The unexecuted portion of the confinement adjudged by the first sentence was remitted 5 June1956.

Figure 3-7.

(7) An individual was sentenced to discharge and confinement for 5 years, adjudged 8 June 1955, and promulgated24 June 1955. He was released on parole 7 February 1957, and returned to confinement as a parole violator 29 August1957.

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Figure 3-8.

(8) An individual was sentenced to discharge and confinement for 5 years, adjudged 8 June 1955, and promulgated24 June 1955. He was released on parole 7 February 1957 returned to confinement as a parole violator 29 August1957; and subsequently given an additional sentence to confinement for 5 years, adjudged 25 November 1957, andpromulgated 1 January 1958. The prisoner had 18 days extra good time to his credit at the date of release on parole.

Figure 3-9.

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(9) An individual was sentenced to discharge and confinement for 5 years, adjudged 8 June 1955, and promulgated24 June 1955. He escaped from confinement 15 March 1957, and was returned to military control 12 January 1958. Hehad earned 36 days extra good time prior to the date of escape. He forfeited all good conduct time and extra good timeearned at the date of escape.

Figure 3-10.

(10) An individual was sentenced to discharge and confinement for 2 years which was adjudged 2 February 1963.On 1 August 1963 the sentence was set aside because of lack of jurisdiction and “another trial” was directed afterprisoner had served 6 months in confinement and had earned 6 days extra good time. On 1 October 1963 he wassentenced to discharge and 3 months’ confinement as a result of “another trial”.

Figure 3-11.

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(11) An individual was sentenced to discharge and confinement for 5 years, adjudged 5 January 1950. He escapedfrom confinement at a disciplinary barracks 12 May 1950, and was returned to military control 16 April 1951. Hereceived an additional sentence to 5 years confinement, adjudged 8 June 1951. He escaped from confinement 14August l954, and was returned to military control 25 August 1954.

Figure 3-12.

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(12) An individual was sentenced to discharge and confinement for 5 years, adjudged 8 June 1955, and promulgated24 June 1955. He was restored to duty under a suspended sentence 7 February 1957. While in a restored to duty status,he was sentenced to confinement for 6 months, without discharge, adjudged 5 June 1957. The suspension of thesentence restoring him to duty was vacated 18 August 1957.

Figure 3-13.

(13) An individual was sentenced to discharge and confinement for 6 months for an offense committed 4 June 1955,adjudged 24 July 1955. Upon the publication of the initial court–martial order, the following sentence was included inthe action of the convening authority, “The accused will be credited with confinement from 18 July 1955 to 19 July1955 and any other portion of the punishment served or executed from 13 July 1955 to 19 July 1955 under thesentence adjudged at the former trial of this case,” which indicated that the sentence was originally adjudged on 13July 1955, and set aside for a rehearing on 19 July l955.

Figure 3-14.

(14) An individual was sentenced to discharge and confinement for 5 years, adjudged 8 June 1955, and promulgated24 June 1955. Under the provisions of Article 14, Uniform Code of Military Justice, the prisoner was delivered, uponrequest, to civil authorities for trial, on 29 October 1955. The trial by civil authorities resulted in a conviction forwhich the prisoner served a sentence and was subsequently returned to military custody on 15 November 1956 tocomplete his military sentence.

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Figure 3-15.

(15) An individual was sentenced to discharge and confinement for 5 years, adjudged 15 April 1951, and promul-gated 29 June 1951. He subsequently received an additional sentence of 5 years, with discharge, adjudged 8 June 1951,and promulgated 7 July 1951.

Figure 3-16.

(16) An individual was sentenced to discharge and confinement for 11 months and 29 days, adjudged 22 June 1955,and promulgated 9 July 1955.

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Figure 3-17.

(17) An individual was sentenced to discharge and confinement for 364 days, adjudged 19 July 1955, and promul-gated 25 August 1955.

Figure 3-18.

(18) An individual was sentenced to discharge and confinement for 2 years and 75 days, adjudged 26 June 1955 andpromulgated 17 July 1955.

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Figure 3-19.

(19) An individual was sentenced to discharge and confinement for 1 year, adjudged 1 October 1955. The conveningauthority approved the sentence but remitted 1 day of the sentence to confinement in his promulgating action 18October 1955.

Figure 3-20.

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(20) An individual was sentenced to confinement for 6 months, without discharge, adjudged 28 June 1955. Theexecution of the sentence was suspended by the reviewing authority upon the promulgation of the order on 7 July1955, at which time the prisoner was restored to duty and served in a duty status until the suspension of the sentencewas vacated on 7 September 1955. While serving this sentence, he was sentenced to 11 years confinement, includingdischarge, adjudged 2 November 1955 and promulgated 12 December 1955.

Figure 3-21.

(21) An individual was sentenced to confinement for 6 months without discharge, adjudged 14 August 1955, andpromulgated 16 August 1955. The sentence was approved but the execution thereof was suspended on 16 August 1955.He received an additional sentence to confinement for 3 months, without discharge, adjudged 6 September 1955, andpromulgated 7 September 1955. The suspension of the first sentence was vacated 7 September 1955.

Figure 3-22.

(22) An individual was sentenced to discharge and 6 months confinement, adjudged 8 March 1951, and promulgated25 April 1951. He forfeited 24 days good time on 7 August 1951 and received an additional sentence to confinementfor 1 year, adjudged 21 August 1951, and promulgated 4 September 1951.

19AR 633–30/AFR 125–30 • 28 February 1989

Figure 3-23.

23. An individual was sentenced to discharge and six months confinement, adjudged 4 Feb 83, and promulgated 4Mar 83. An individual was placed in continuous pretrial confinement on 16 Jan 83 for the offense for which they werelater convicted.

Figure 3-24.

24. An individual was sentenced to confinement for eight months, with discharge; adjudged 16 Jul 83 andpromulgated 20 Sep 83. An individual was placed in pretrial confinement on 4 Jun 83 and released by the magistrateon 25 Jun 83. An individual was convicted for the offense for which they were placed in pretrial confinement.

Figure 3-25.

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25. An individual was sentenced to discharge and 6 months confinement adjudged 4 Feb 87, and promulgated 4 Mar87. An individual was placed in continuous pretrial confinement on 16 Jan 87 for the offense for which they were laterconvicted. After announcing the sentence, the military judge ordered that 15 days additional pretrial confinement creditbe given to the individual because of the Government’s noncompliance with a timely pretrial magistrate’s review.

Figure 3-26.

Section IVTABLE OF CONSECUTIVE DAYS

15. Use of table.Use of table. In the table, paragraph 16, each day from 1 January 1950 through 31 December 1994 has been numberedin sequence, taking into consideration the varying number of days in each month, including leap years. The table maybe used to compute the exact number of days between any two dates and may be used in adding or subtracting anyactual number of days to or from a given date. The following are examples of use of table:

a. It is desired to determine the exact number of days between 7 February 1962 and 31 December 1966. The exactnumber of days between these two dates is 1788.

Figure 4-1.

b. It is desired to arrive at a new expiration of a sentence by extending the former date, 17 May 1964, by 384 actualdays due to a forfeiture of good conduct time. The new expiration date of the sentence is 5 June 1965.

Figure 4-2.

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c. It is desired to compute the minimum release date of a prisoner’s sentence which, when added the adjudged date,extends beyond the last date included in the table.

Figure 4-3.

16. Table

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Figure T-1. 1950 Expiration Table

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