A remitted discharge really isn't any different than a disapproved discharge

I recently noted that NMCCA's published opinion in United States v. Pflueger, No. NMCCA 200400213 (N-M. Ct. Crim. App. Dec. 5, 2006), never made it into the Military Justice Reporter. Now West Publishing needn't bother -- CAAF just reversed Pflueger.

In Pflueger, NMCCA purported to give relief for post-trial delay by setting aside the adjudged BCD. But not so fast -- before it did so, the adjudged BCD had already been remitted. That led CAAF to remand the case to NMCCA, asking whether disapproving a remitted BCD had any practical effect. United States v. Pflueger, 61 M.J. 272 (C.A.A.F. 2005) (summary disposition). SURE, said NMCCA. NO, said CAAF today. United States v. Pflueger, __ M.J. ___, No. 05-0135 (C.A.A.F. June 21, 2007). Chief Judge Effron, writing for a unanimous court, sent the case back to NMCCA for another shot at awarding meaningful Tardif relief.