I love this blog. Check out Paragraph 5 of the blog which reads, "In 2003, 12 individuals on the rolls of NAMALA died while on appellate leave." When such individuals die before the CCA renders its opinion in the case, see generally United States v. Ribaudo, 62 M.J. 286 (C.A.A.F. 2006), "[t]he conviction is null and void, and all rights and privileges must be restored. His beneficiaries will receive the SGLI payment of $400,000; backpay, as adjusted for any earnings or public assistance received; and death gratuity."
More references stating that the case should be thrown out. My brother fought for years to have his bad conduct discharge overturned. Can the military not give him peace in death? It sounds like that is what is supposed to happen.
Tuesday, June 2, 2009
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Appellate Leave - Legal Purgatory by Alicia Herring is licensed under a Creative Commons Attribution 3.0 United States License.
Based on a work at appellateleave.blogspot.com.
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