What is appellate leave navy

If the pay grade of the member was reduced to a lower grade as a result of the court-martial sentence including any reduction in pay grade under section a of this title and such reduction has not been set aside, disapproved, or otherwise vacated, pay and allowances to be paid under this section shall be deemed to have accrued in such lower grade.

Otherwise, such pay and allowances shall be deemed to have accrued in the pay grade held by the member on the day before the day on which his court-martial sentence was approved by the convening authority. Except as provided in paragraph 3 , such payment shall be made as follows: A Payment shall be made within 60 days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if no rehearing or new trial has been ordered.

B Payment shall be made within days from the date of the order setting aside or disapproving the sentence by court-martial to a dismissal or a dishonorable or bad-conduct discharge if a rehearing or new trial has been ordered but charges have not been referred to a rehearing or new trial within days from the date of that order. C If a rehearing or new trial has been ordered and a dismissal or a dishonorable or bad-conduct discharge is not included in the result of such rehearing or new trial, payment shall be made within 60 days of the date of the announcement of the result of such rehearing or new trial.

Be ready for immediate processing and boarding. Travelers are assigned a category upon registering for travel and compete for seats within categories based on the date and time of registration.

This date and time of sign-up is valid through to destination; a new date and time are assigned for return travel. Travelers may stand by for any available flight. Space required passengers or cargo may require the removal of Space A passengers at any point. If removed en route, travelers may re-register with their original date and time of registration.

Passenger agents will assign a new date and time to any country changed or added to an application. Names of all originating space available passengers who depart on a flight will be removed from all destinations. Travelers should be prepared to purchase onward or return commercial transportation, meals, and lodging. Travelers remain on the register for 60 days or the duration of their leave orders or authorization, whichever occurs first.

Baggage: Each passenger may check two pieces of checked baggage, 70 pounds each, up to 62 linear inches in size. Family members may pool their baggage allowances. Hand-carried baggage must fit under the seat or in the overhead compartment, if available. NOTE: Baggage weight may be limited due to type of aircraft or other restrictions.

Because many administrative discharges can be executed in the field without centralized approval, it is possible for a person who has been sentenced to a punitive discharge by court-martial to be discharged administratively while the unexecuted punitive discharge is pending appellate review.

This Court has held that, if a person is discharged administratively while appellate review is pending, there is "no good reason to hold the findings and sentence of the court-martial are impaired by the discharge. Similarly, the power of review authorities over the court-martial is unaffected by the administrative discharge.

See United States v. Speller, supra; United States v. Moreover, the administrative discharge does not negate the responsibility of the convening authority to act on the findings and sentence; nor does it restrict his power to do so. See generally Speller, supra at , 24 CMR at recognizing validity of convening authority's action where accused was released from active duty and transferred to Reserves after court-martial but before the convening authority's action.

As indicated earlier, the convening authority here approved the findings and sentence. The earlier honorable discharge through administrative channels had the effect of remitting the bad-conduct discharge that had been adjudged. See Speller, supra at , 24 CMR at As a result, the bad-conduct discharge cannot be executed, see id. As we said in Speller: Assuming, for the sake of argument, that a sentence cannot be satisfied because of the action of military authorities, that has nothing to do with the legality of the findings or any part of the sentence which has been satisfied.

It seems more logical to us to hold that once findings are returned and sentence imposed by a court-martial which is clothed with the power and authority to hear the charge, any action taken thereafter which merely affects the execution of the sentence does not affect the legality of the conviction. In view of the Government's most recent filings, which were reiterated during oral argument, it appears that appellant will obtain the critical elements of the relief he requested.

His honorable discharge will be not be disturbed, and the adjudged sentence of a bad-conduct discharge and reduction in rank will not be executed. The temporary stay issued on February 17, , is hereby lifted. Appellant's writ-appeal petition for review is denied without prejudice to his raising such issues as may be warranted by the circumstances in the course of further direct review, or through an appropriate petition for extraordinary relief.

Direct review under Articles 66 and 67 shall proceed. I concur in the result, based solely on the Government concessions in this case. To prevent possible future administrative errors, the Services or the President should promulgate a regulation that administrative discharges of those under charges or pending appellate review will not be effective unless approved by the Service Secretary or a designated Under Secretary. Vanderbush, 47 MJ 56 Van Riper Steele v.