United States v. Harmon

The majority opinion finds that Harmon’s status as an active duty member of the Marine Corps did not terminate until 2359 on May 17, 2001 and that his discharge was properly revoked before that time. Because I find that Harmon’s discharge was validly completed at 0900,1 respectfully dissent.

Harmon was discharged before the end of his term of service and this court has held that three conditions must be met before an early discharge is effective: (1) nonfraudu-lent and authorized delivery of a valid discharge certificate, (2) a final accounting of pay, and (3) completion of the clearing…