N,
These cases support the position that your client is
entitled to pay. This holding states that he is not entitled to pay in the event
that the accused remains guilty of other charges. Obviously, then, when he
stands convicted of no charges he will be entitled to pay
Servicemember was not entitled
to restoration of pay status under Unif. Code Mil. Justice art. 75(a), 10
USCS Â 875, after Court of Appeals for Armed Forces set aside his sentence
where servicemember remained convicted of offenses that were affirmed and, thus,
remained subject to inchoate sentence that was pending further review Air
Force Court of Criminal Appeals. United States v Dodge (2005, AFCCA) 60 MJ 873,
2005 CCA LEXIS 21, affd (2005, CAAF) 61
MJ 288, 2005 CAAF LEXIS 681.
Court of Appeals found that there was legitimate,
nonpunitive reason for Dep't Def. Fin. Mgmt. Reg. vol. 7A, para. 010302.G.4,
regulation that required U.S. to stop servicemember's pay when he reached end
of his obligated service (EAS) date, that regulation was not implicitly
punitive or punitive in effect, and that Government did not violate Unif. Code
Mil. Justice art. 13, 10
USCS Â 813, when it stopped servicemember's pay after his EAS date but
continued to hold him in pretrial confinement so it could try him on charges
that he committed indecent acts with child under age of 16, in violation of
Unif. Code Mil. Justice art. 134, 10
USCS Â 934. United
States v Fischer (2005, CAAF) 61 MJ 415, 2005 CAAF LEXIS 963, cert den
(2006, US) 126
S Ct 1345, 164 L Ed 2d 58.
Haytham Faraj, Esq.
PUCKETT & FARAJ, PC
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