United States v. Bailey

DECISION

KASTL, Judge:

The issue before us is whether court-martial jurisdiction existed over the accused, who was in the process of being discharged for the convenience of the Government. Finding that the military possessed jurisdiction, we affirm.

The accused was scheduled for early separation for government convenience pursuant to Air Force Regulation 39-10.1 His Request and Authorization for Separation (AF Form 100) was dated 7 November 1979. He received an approved copy of the document on 8 November; it provided an effective separation date of Tuesday, 13 November 1979.

On Sunday, 11…