Forfeitures of pay and allowances are calculated based on the accused’s basic pay and allowances at the time of sentencing, not at the time of offense commission. Total forfeitures include all pay and allowances, while partial forfeitures specify amounts or fractions (commonly two-thirds). The military judge must announce forfeitures as fixed dollar amounts per month for specific periods or as fractions for the same duration. Automatic forfeitures apply upon certain conviction types regardless of adjudged forfeitures.
Calculations include basic pay, basic allowance for housing (BAH), basic allowance for subsistence (BAS), and special pays like flight pay or hazardous duty pay. Family separation allowance and other dependent-related benefits may be included in total forfeitures but are often waived to support family members. The convening authority can defer forfeitures or direct payment to dependents for up to six months, providing crucial family support during transition periods.
Important limitations exist – forfeitures cannot exceed jurisdictional maximums or create debts beyond the punishment period. They run concurrently with confinement and end upon completion of the adjudged period or appellate action. Partial forfeitures during confinement are often meaningless since confined members lose most allowances anyway. Defense counsel should request specific calculations during sentencing to ensure accuracy and argue for dependent waivers. Post-trial applications for forfeiture deferment require showing family hardship and dependent support needs.