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Articles Posted in Appeals

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Nullification of PTC credit

An accused in pretrial confinement awaiting trial receives day for day credit toward any sentence to confinement. In the old days, we referred to that as “Allen credit.” Note, an accused may not automatically get credit for time spent in civilian jail–that needs to be litigated at trial. See United…

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The presumption of regularity

Those of us who engage with discharge reviews, correction boards, and federal court on behalf of service-members are used to reading about the presumption of regularity–it’s a regular defense by the gubmint to an applicants claim. “I was improperly discharged.” A: “We can’t find any record of your discharge.  Because…

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