Legal Opinion

Rhoades v. United States

United States Court of Claims

Decided January 13, 1982No. 344-79CPublishedCited by 13 opinions

1Opinion of the CourtNichols, Judge

In this case the court is asked to determine how long, if at all, the pay and allowances of an enlisted member of the *283armed forces continue after the expiration date of enlistment, when he is then in confinement, having been convicted and sentenced by court-martial, but that conviction is set aside on appellate review and the member thereafter is retried and reconvicted. His entitlement to pay and allowances up to the date his enlistment expires is unchallenged, and we hold they continue until the date his second court-martial sentence is approved by the convening authority.

I

Plaintiff, Henry…

2Cases cited4 opinions

  1. Bell v. United StatesSupreme Court of the United States · 1961
  2. Dickenson v. United StatesUnited States Court of Claims · 1963
  3. Moses v. United StatesUnited States Court of Claims · 1957
  4. Cowden v. United StatesUnited States Court of Claims · 1979

3Cited by13 opinions

  1. Todd A. Dock, Plaintiff/cross-Appellant v. United StatesCourt of Appeals for the Federal Circuit · 1995
  2. United States v. FischerCourt of Appeals for the Armed Forces · 2005
  3. Keys v. ColeUnited States Court of Military Appeals · 1990
  4. Reed v. United StatesUnited States Court of Claims · 1991
  5. Anderson v. United StatesUnited States Court of Federal Claims · 2002

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