Here is a link to yesterday’s decision from CAAF in US v. Watson, No. 10-0468/AR. Chief Judge Effron writing for the court finds that appellant’s administrative discharge prior to his dismissal being executed was a valid discharge and reverses ACCA. Judge Stucky, joined by Judge Baker, dissented, writing that “[t]he administrative discharge in this case was void ab initio. The discharge authority, the Commander of Human Resource Command (HRC), lacked delegated authority to issue the discharge because she did not intend the discharge to remit Appellant’s conviction or sentence to a dismissal.”

3 Responses to “New CAAF Opinion – CAAF Actually Upholds an Intervening Administrative Discharge”

  1. Snuffy says:

    This case is primarily a demonstration of how screwed up the Army Personnel regs are as well as how disconnected the reserve system is from the active duty side of the house. Also I am convinced that CAAF will not pass up a chance to poke the service courts when they over reach to save a conviction.

  2. Bill C says:

    Snuffy is right. This is a situation that will likely never resurface as HRC will either fix the gap in the system of the regulation will be amended. But it shows just how confusing the personnel system is.

  3. John Harwood says:

    So basically the government was held responsible for its own mistakes? I guess what’s good for the goose (the Accused) was good for the gander (Big G Government).