United States v. Olinger

LUCAS, Judge:

This case raises an important issue regarding the legal effectiveness of an action by the Secretary of the Navy, through the Navy Clemency and Parole Board [hereinafter NCPB] to remit an approved punitive discharge and substitute therefor an administrative separation before a ease is reviewed by this court pursuant to Article 66, Uniform Code of Military Justice, 10 U.S.C. § 866 (1994)[hereinafter UCMJ]. We hold that the action by the NCPB under these facts is final and binding on convening authorities and this court.

A review of the facts is necessary for a complete understanding…