United States v. Fischer

ERDMANN, Judge, with whom GIERKE, Chief Judge, joins

(dissenting):

The majority opinion finds that terminating the pay of a servicemember in pretrial confinement, whose term of service has been involuntarily extended by the Government, does not constitute illegal pretrial punishment under Article 13, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 813 (2000). I would hold that the regulation requiring the termination of pay under those circumstances is punitive in effect and its application constitutes illegal pretrial punishment.

Fischer was placed in pretrial confinement on May 4, 2001.…