Friday, September 19, 2008

Senate authorizes payments to servicemembers unjustly convicted by courts-martial

The Senate version of the National Defense Authorization Act for Fiscal Year 2009 includes an odd provision: completely discretionary authority for SECDEF or the service secretaries to pay "moneys" to "a member or former member of the armed forces [who] has suffered imprisonment as a result of an injustice or error of the Department of Defense or any of its employees acting in an official capacity following conviction by a court-martial." Senate Bill 3001, § 582.

Does anyone know who proposed this or what led to its inclusion in the bill?


Anonymous said...

I can't wait for the pro se avalanche from Leavenworth on this one!

Anonymous said...

My guess is that it is related to some WWII era Army cases involving wrongly convicted African-American soldiers. There was a recent news article that the Army set aside their convictions and gave them Honorable discharges. One of the men died a couple of days after the ceremony.

Just a hunch.

Anonymous said...

I'm wondering if my situation warranted a special court martial, I was was just discharged from the Marine Corps as of August 15, 2008 after 11 years of loyal service. I gave my whole heart to the Corps. I know drugs are not tolerated, a zero policy. My case is entirely different. I drank a drink called a Green Dragon not knowing what it actually was. I tested positive for THC while at Recruiters School for the second time. Apon arrival back to my present command I was completely ignored by my chain of command. I requested help and was denied. They embarrassed me, humiliated me, demeaned me. My situation spun out of control in a matter of two months. I volunteered to serve my country when there are people out there who sit and dont contribute to this beautiful country. I'm not violent, I dont molest children. Why should i have to live the remainder of my life labeled a FELON after I gave 11 years of my life to my country. This punishment doesnt fit the crime. I didnt kill anyone, I didnt rape anyone..why should I have to carry the same label as someone who did? IS THIS JUST? IS THERE ANYONE WHO CAN HELP ME?