James Abrams v. United States Department of the Navy

The sole issue presented by this appeal is whether the Navy may dismiss the petitioner, James Abrams, for an “excessive unauthorized absence” caused by his incarceration, when the Navy could not dismiss Abrams for the conviction leading to his incarceration, and when Abrams offered to participate in a work-release program with the Navy in lieu of his incarceration — but was refused. Rather than reach this issue, however, the majority addresses an issue which the Navy never appealed, let alone briefed or argued on appeal. Because the issue which the majority decides is not before us on appeal,…