We previously examined CAAF’s opinion in United States v.Adcock, 65 M.J. 18 (C.A.A.F. 2007). Justice Erdmann’s opinion for the court awarded extra confinement credit where Travis Air Force Base officials deliberately violated an Air Force reg by arranging for airmen to be held pretrial in a civilian confinement facility that commingled sentenced prisoners with pretrial detainees.
I have it on very good authority that the Air Force, like the Army before it in the wake of ACCA opinions awarding extra credit due to violations of Army pretrial confinement regs, changed the reg (AFI 31-205) rather than changing the pretrial confinement practice. Can anyone in the Air Force confirm this news and tell us what the revised reg says? Fitz?