Goldsmith v. Clinton

GIERKE, Judge, with whom CRAWFORD, Judge, joins

(dissenting):

In my view 10 USC § 1167 pertains to a collateral administrative consequence of Major Goldsmith’s sentence that may or may not occur. This Court has no jurisdiction over administrative personnel actions.

Unlike Articles 57 and 58, UCMJ, 10 USC §§ 857 and 858, respectively, at issue in United States v. Gorski, 47 MJ 370 (1997), § 1167 is not part of the Uniform Code of Military Justice but, instead, is part of the United States Code pertaining to personnel matters. Also unlike Articles 57 and 58, which make forfeitures and reduction…