United States v. Hart

EFFRON, Chief Judge,

with whom STUCKY, Judge, joins (dissenting):

The Air Force discharged Appellant and did not have authority to revoke his discharge. The eases cited by the majority are informative regarding the factors that may be considered in evaluating jurisdictional issues, but those cases do not resolve the question presented today regarding the relationship between court-martial jurisdiction and the personnel management provisions of 10 U.S.C. § 1168 (2000). Accordingly, I respectfully dissent from the conclusion of the majority opinion that the court-martial had personal jurisdiction…