Father's Day

Today is the first Father's Day without my brother. It was hard buying a card for my dad... there were many years that I bought one and signed for both Kenny and me.

Looking at all of the cards that said "From the both of us" really hit a nerve.

You know, the thing about family is that no matter what happens to strain the relationship, in the end, you're family.

There were times when my brother aggravated the heck out of me. Sometimes, I couldn't walk into a room with him without becoming "edgy". .. But, I still loved him.

When he needed us, Mom, Dad and I always tried to do what we felt was best for him.... it didn't mean we always did what he wanted... but it did mean that we cared enough to do the right thing.

Kenny and I have a great father... one who really cares about his family. And although I didn't sign his name to the card this year, it was really hard not to.

Another reference to my brother's case

Here is more information on my brother's case obtained from http://www.armfor.uscourts.gov/Grants.htm

"Monday, December 31, 2007

APPEALS-SUMMARY
DISPOSITIONS

No. 07-0385/NA. U.S. v. Kenneth E. HARRIS. CCA 200401897. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals and the entire record, including the file of the Administrative Law Division of the Judge Advocate General of the Navy, submitted under seal by Appellee to this Court on October 4, 2007, we conclude that the Court of Criminal Appeals abused its discretion in deciding Appellant’s Motion for Panel and En Banc Reconsideration and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E. Geiser, and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case and to Rescind the Panel Two Opinion Issued in Appellant’s Case, without first considering the file of the Administrative Law Division. Accordingly, it is ordered that said petition is hereby granted as to assigned issue I:

WHETHER A JUDGE ON THE NAVY-MARINE CORPS COURT OF CRIMINAL APPEALS SHOULD HAVE BEEN RECUSED FROM ACTING ON A CASE IN WHICH HE HAD PREVIOUS OFFICIAL INVOLVEMENT AND KNOWLEDGE OF SALIENT FACTS OUTSIDE THE RECORD OF TRIAL.

The case is returned to the Judge Advocate General of the Navy for remand to the United States Navy-Marine Corps Court of Criminal Appeals to reconsider Appellant’s Motion for Panel and En Banc Reconsideration and Appellant’s Panel and En Banc Motion to Recuse Senior Judge E. E. Geiser, and Judges J. W. Rolph and E. D. Mitchell from Appellant’s Case, in light of the entire file of the Administrative Law Division of the Judge Advocate General of the Navy that is now attached to the record. This reconsideration will be before judges who have not previously participated in this case. Thereafter, Article 67, UCMJ, 10 U.S.C. § 867 (2000), shall apply. This is without prejudice to raising the other issues assigned in the instant petition for grant of review"

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What Command Do Appellates Belong To?

Did you know that when a Navy member goes on Appellate Leave, he or she is no longer attached to their regular military unit?

Once a soldier is placed on Appellate Leave, he or she is then attached to the NAMALA Command Unit:

NAMALA

1325 10th Street SE

Suite 303

Washington Navy Yard, DC 20374-5070

http://hqinet001.hqmc.usmc.mil/namala/mission1.htm lists the missions and functions of NAMALA (Navy and Marine Corps Appellate Leave Activity) as follows:

MISSION
Contribute to public safety and efficient manpower by administering the centralized management and tracking for all Navy and Marine Corps personnel on involuntary appellate leave; and members assigned by the Naval Clemency and Parole Board to parole or supervised release while expediting the discharge process; and to perform such other functions and tasks as directed.

FUNCTIONS
1. Monitors the case status of members on mandatory/involuntary appellate leave and members assigned to the Federal Bureau of Prisons who are awaiting results of appellate review.
2. Validates appellate leave status for renewal of military identification cards.
3. Provides information as necessary about members on appellate leave to:
a. The Court of Military Review b. The Clemency and Parole Board c. Members on appellate leave d. Other interested parties
4. Effects punitive discharges when approved and as directed by the Judge Advocate General.
5. Effects clemency action as decided by the Navy and Marine Corps Clemency and Parole Board.

A Letter From My Mother

The following letter was sent to CNN by my Mother on May 11, 2009 (Mother's Day). Maybe someday the policies and procedures followed during the death of a serviceman on appellate leave will be streamlined so that other families will not need to suffer any more than necessary during the loss of a loved one.

My name is Carol Harris and I need your help. My son Kenneth Harris is on appellant leave from the Navy. My son passed away on May 3, 2009. All agree he is on active duty with all benefits except pay. He has a bad conduct discharge, which has been on appeal for in excess of 4 years. He had already served our country with honor and dignity for one full term and then re-enlisted for a second term of service. He still has a JAG attorney. Since his appeal is still active we know that he has not exhausted all of his appellant appeals. According to everything we have read what should happen is his discharge should be overturned and he should be reinstated back to his rank of E-5 with all benefits reinstated. We have got our Congressman Sanford Bishop involved and they are working on trying to get the issue resolved. All we want to do is Bury our Son in Fort Mitchell National Cemetery and give him what he has earned. As of today’s date May 10, 2009 we still have not been able to lay our son to rest. Today is Mothers day and I spent my morning at the Funeral Home buying a plot for my son and making arrangements to lay him to rest. We received a call from the Navy while in Congressman Sanford Bishop office and the Navy agreed that he is entitled to the Honor Guard. The Navy will not make a decision if Kenny can be buried at Fort Mitchell National Cemetery until they have a certified death certificate. Since the autopsy for Columbus, Georgia are performed by the GBI in Atlanta we can not get a certified death certificate until the toxicology report is done which according to our coroner that could be from 3 to 6 months. The Navy can issue letter of good standing, which will allow our son burial rights Fort Mitchell National Cemetery but will not with out a cause of death or a DD214. A DD214 cannot be issued since he still has an on going appeal. We have a quagmire situation. It is hard enough to lose a child, plan his funeral on Mothers day and fight the Navy for his rights. We just got off the phone with Navy and we are now being told that they have not made a decision on the Honor Guard. We will be laying our son to rest on Wednesday May 13, 2009 with or without the Navy’s Honor Guard. How much more hurt and pain should the Navy be allowed to inflict on our family.

Any help you could give us would be greatly appreciated.

Sincerely,
Carol Harris

More Stories of Soldiers Who Died On Appellate Leave

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.