Applying sentence credits
Overview of applying sentence credits (see Pretrial restraint & pretrial confinement in the military):
Pretrial confinement credit applies to the approved sentence and in United States v. Rock, 52 M.J. 154 (C.A.A.F. 1999), the Court of Appeals held that credit applies to an adjudged sentence, unless there is a pre-trial agreement that provides for a lesser sentence, in which case it applies to the lesser sentence. In United States v. Spaustat, 57 M.J. 256 (C.A.A.F. 2002), the Court confirmed and clarified its ruling in Rock by establishing a bright line rule for all courts (effective August 30th, 2002). The rule states:
After receiving non-judicial punishment and being tried for the same offense, a servicemember must get complete credit for any prior punishment, “day-for-day, dollar-for-dollar, stripe-for-stripe.” United States v. Pierce, 27 M.J. 367 (C.M.A. 1989). The method to reconcile punishments that do not directly convert is as follows: “Extra duty for 45 days is equivalent to 60 days’ restriction (1½ for 2); add the 45 days’ restriction also imposed = 105 days’ restriction. Confinement for 1 day is equivalent to 2 days’ restriction, so 105 days’ restriction = 52 ½ days’ confinement.” Id. at n. 5.