Smith v. United States

Plaintiff seeks to recover the pay of his appropriate rank and grade from the date of his confinement as the result of a conviction and sentence by a general court-martial on July 20, 1949, on a charge of unpremeditated murder, to January 21, 1954, the date on which the sentence of conviction was vacated by The Judge Advocate General under authority of section 12 of the act of May 5, 1950.1 This section, in substance, provides that upon application of an accused person for good cause shown The Judge Advocate General may grant a new trial or vacate a sentence, restore rights, privileges, and…