COMDTINST 1754.16
(4) In the case of payment of transitional compensation solely by reason of a total forfeiture of
pay and allowances pursuant to a sentence of a court-martial, payment of transitional
compensation shall not be made for any period for which an order:
(a) Suspends, in whole or part, that part of a sentence that includes forfeiture of the
member's pay and allowance; or
(b) Results in continuation, in whole or part, of the member's pay and allowances.
(5) The duration of transitional compensation payments will be 36 months except if, as of the
starting date of payment, the unserved portion of the member's obligated active duty service
is less than 36 months; then, the duration of payment will be the greater of the unserved
portion or 12 months.
(6) For enlisted members, the "obligated active duty service" will be the time remaining on their
term of enlistment. For officers, the "obligated active duty service" will be indefinite unless
the officer has a date of separation established, then it will be the time remaining until the
date of separation.
c. Calculating Payment Amount.
(1) Monthly payments to a spouse will be at the rate in effect for the payment of Dependency
and Indemnity Compensation under 38 U.S.C. 1311 (a). If the spouse has custody of a
dependent child or children of the member, the monthly payments to the spouse will be
increased for each child by the amount under 38 USC 1311 (b). If monthly payments are
made to a child or children pursuant to paragraphs 7.a.(2), (3) or (4) above, such payments
will be paid in equal shares at the rate in effect under 38 USC 1313.
(2) Monthly payments will be prorated when payments start or stop in the middle of a month.
(3) When calculating payments for dependent children, if the monthly payment amount does not
divide evenly, the youngest child will receive the odd cent.
(4) If the recipient dies, arrears of pay will not be paid.
d. Cessation of Payments.
(1) If a member is adjudged a dismissal, dishonorable discharge, bad conduct discharge, or
forfeiture of all pay and allowances as a result of a conviction for a dependent-abuse offense,
and such punishment is later disapproved, remitted, set aside, suspended, or mitigated to a
lesser punishment, any payment of transitional compensation that has commenced on the
basis of such adjudged punishment shall cease.
(2) If administrative separation of a member from active duty is proposed on a basis that
includes a dependent-abuse offense and the proposed administrative separation is
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