Sex Assault Court Martial Lawyer - Validity of Discharge Certificate
The issue of validity of discharge certificate has been discussed in Schaefer v. Geren, 607 F. Supp. 2d 61 (D.C. 2009). The Court had to decide whether the ABCMR acted arbitrarily, capriciously, and against the law when it concluded that Schaefers first discharge was without legal effect. The Court found that the ABCMR did not act arbitrarily, capriciously, or contrary to law when it concluded that Schaefers first discharge was without legal effect as the USADPA revoked the authority to issue the discharge prior to Schaefer got the discharge certificate. Schaefer, citing Smith v. Vanderbush, 47 M.J. 56 (C.A.A.F. 1997), argued that because he received a facially valid discharge certificate that was not revoked until after his discharge, the Army had to bear the burden of any administrative errors ‚ in this case, the error involving the computer notification system. In Vanderbush, as in this case, the Army intended to flag the Soldiers personnel file, but failed to do so.
The Schaefer court distinguished Vanderbush, observing that in that case the underlying basis of Sergeant Vanderbushs administrative discharge (received before his adjudged punitive discharge was executed) was valid; that is, he had reached his ETS date and his service obligation had ended. In contrast, the Court observed that in Schaefers case the Army (through USAPDA) revoked the authority for Schaefers first discharge well before the Fort Benning transition point issued him his discharge certificate. The Court ruled: When the underlying authority for the discharge is timely revoked, and error in delivering a discharge certificate does not effectuate a valid discharge. citing United States v. Williams.
Michael Waddington is a Court Martial Lawyer that defends Army, Air Force, Navy and Marines worldwide in court martial cases.
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