honorable discharge Tag Archives — Court-Martial Trial Practice Blog

Here is a link to United States v. Brasington., decided 13 September 2010. It is not unusual for an appellant to be issued a DD214, Honorable Discharge, sometime after a court-martial at which the appellant was adjudged a punitive discharge.

In this case, we are asked, following remand, whether an honorable discharge, effective after this court’s affirming a sentence that included a bad-conduct discharge, has the effect of remitting that discharge. We hold appellant’s administrative discharge was voidable, properly voided, and did not remit appellant’s premature discharge.

This was a rather odd situation because the appellant was an active duty Soldier and it was the Reserve command giving him the discharge. ACCA found that the Commander, HRC-StLouis had no authority to discharge appellant.

ACCA has issued an opinion in United States v. Watson, another administrative discharge issued pending appeal, this time an officer.

A military judge sitting as a general court-martial convicted appellant,
pursuant to her pleas, of larceny of government property and fraud against the
United States (two specifications), in violation of Articles 121 and 132, Uniform
Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. The
military judge sentenced appellant to a dismissal, confinement for seven months, a
fine of $135,000, and forfeiture of all pay and allowances.

Prior to convening authority action, appellant, a reserve officer, was released
from active duty (REFRAD). While pending appellate review, appellant received
orders placing her in an inactive status. After convening authority action approving
her dismissal, she received discharge orders and an honorable discharge certificate.

Articles Tagged with honorable discharge

ACCA on post-trial honorable discharges

New ACCA opinion