B-271415: Sep 12, 1996

The Navy Office of Judge Advocate General requested a decision on whether a Navy member was entitled to pay and allowances for the period he was on appellate leave, since his court-martial records were lost before completion of the appellate review. GAO held that: (1) a court determined that the punitive discharge that was set aside or dismissed without rehearing effectively nullified the original...

B-271415: Sep 12, 1996

Who is in an appellate leave status under 10 U.S.C. sec. 876a (1994). Whose court-martial conviction with punitive discharge or dismissal is set aside administratively because the service concerned has lost the records of trial before completion of action by the convening authority or before completion of appellate review. Is thereafter given an administrative discharge. Is entitled to pay and all...