Steele v. Van Riper, 50 M.J. 89

First Principles: Jurisdiction: In Personam

1. issuance of an administrative discharge after trial does not negate the convening authority’s responsibility or power to act on findings or sentence

First Principles: Jurisdiction: Of Courts of Criminal Appeals

1. issuance of an administrative discharge after trial does not negate the power of the Courts of Criminal Appeals to act on the findings and sentence

First Principles: Jurisdiction: Of U.S. Court of Appeals for the Armed Forces

1. issuance of an administrative discharge after trial does not negate the power of the Court of Appeals for the Armed Forces to act on the findings and sentence

Military Justice Personnel: Convening Authority: Action

1. issuance of administrative discharge after trial has the effect of remitting an adjudged punitive discharge, but does not affect power or responsibility of convening authority to act on findings and sentence

Trial Stages: Initial Review: Action

1. issuance of an administrative discharge after trial does not negate the convening authority’s responsibility or power to act on findings or sentence

Trial Stages: Appeals: Courts of Criminal Appeals › Generally

1. issuance of an administrative discharge after trial does not negate the power of the Courts of Criminal Appeals to act on the findings and sentence

Trial Stages: Appeals: Court of Appeals for the Armed Forces

1. issuance of an administrative discharge after trial does not negate the power of the Court of Appeals for the Armed Forces to act on the findings and sentence

Miscellaneous Matters: Statutes, Treaties, Regulations, Executive Orders, Directives, etc.: Generally

1. administrative discharge issued after trial pursuant to statutes and regulations governing such discharges has the effect of remitting unapproved/unexecuted punitive discharge but does not impact upon the responsibilities of the convening authority or review by the appellate courts