Todd A. Dock, Plaintiff/cross-Appellant v. United States

PLAGER, Circuit Judge.

Todd Dock, a private in the Army, was convicted by court-martial of murder. His sentence included forfeiture of all pay and allowances. The conviction and sentence were set aside on appeal, and remanded for rehearing. He was convicted a second time, and resentenced. The second sentence again included forfeiture of all pay and allowances. This case requires us to determine whether Dock is entitled to restoration of the pay and allowances withheld as a consequence of the first, but defective, trial.

The Court of Federal Claims granted Dock restoration of part of his pay and…