You are confined, your case is appealed, your case is reversed and a new trial ordered.
You will stay in confinement–pretrial confinement.
But what about all the pay you lost while confined.
This happened to Garcia, and after retrial he’d served two years of what became a two month sentence.
We raised the issue of pay as a violation of UCMJ art. 13, pretrial punishment.
Here’s how DFAS views the matter.