U.S. v. Melanson, 53 M.J. 1

First Principles: Jurisdiction: In Personam

1. court-martial does not have jurisdiction over persons lawfully discharged from the armed forces, including cases involving offenses allegedly committed prior to discharge
2. a servicemember is lawfully discharged when: (1) the member receives a valid discharge certificate of release from active duty, such as a Department of Defense Form 214; (2) the member’s final pay or a substantial part of that pay is ready for delivery to the member; and (3) the member has completed the administrative clearance process required by the Secretary of the service of which he or she is a member
3. where pertinent Army Regulation provided that an administrative discharge was “effective at 2400 [hours] on the date of notice of discharge to the soldier”, the discharge is not effective where a copy was provided to the member earlier in the day as a matter of administrative convenience unless it is clear that the discharge was intended to be effective at the earlier time
4. where pertinent Army Regulation provided that an administrative discharge was “effective at 2400 [hours] on the date of notice of discharge to the soldier”, and where the military judge’s findings of fact were not clearly erroneous on this point, appellant’s administrative discharge was not effective until 2400 hours on the date specified on the approved discharge

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. questions of personal jurisdiction are reviewed on appeal de novo as questions of law, and the military judge’s findings of historical fact are accepted unless they are clearly erroneous or unsupported in the record