UCMJ Articles 134 and 119

[unidentifiable]

Currently in SC or NC. In 1995, I was convicted by General Courts Martial of DWI and Negligent Homicide (lesser) Article 134. I plead not guilt to all charges (DWI, Inv. Hom, Driving w/o License) and was sentenced to 3 years confinement, DD, forfeiture of all pay and allowances. I refused parole in 1996 but requested clemency (denied). I have "stuck to my guns" since I truly do not accept any degree of culpability in this case. The Army Court of Appeals affirmed the conviction but my case was returned to the convening authority in 2003 for retrial by USCAAF. There was no additional relief. Despite my Grostefon submissions and my position of complete inocence, I served 2 years in confinement and was Dishonorably Discharged last year. I know all convicts say it, but "I am not guilty". For what it was worth, I was a good soldier and I enjoyed soldiering.
I would like to persue this further. Primarily, I would like to explore expungement, pardons and discharge upgrades. Only because I do not believe there is any means of impacting the conviction at this point.

 

[badapple40]

There is no expungement when it comes to the military (at least not directly -- and I'm not going to engage in a discussion of utilizing the Privacy Act and government Privacy Act violations because its going to be over your head).

You can get a pardon, but not for a trial that occurred in 2003. You need to wait a while, like 10 years or so, before you'll receive any serious consideration. Pardons are processed by the DOJ's office of the pardon attorney (www.usdoj.gov)

And they will not upgrade your discharge from a court-martial conviction so you may as well not even try.

 

[unidentifiable]

a little more...

"Thanks"! However, I am not really sure how the Privacy Act could be applied to a Felony conviction and a DD. If I sign an I-9 for new employment, I am releasing the information. If I check "no" to felony convictions, then I falsify an application.
Pardons are rare and I am not so sure I want to upset my life. There is alot of investigation involved, right? The actual conviction was in 1995, so I am beyond 10 years. But, the retrial was in 2003. Can I persue in civillian Superior Court?
Are there any options, at this point, other than living with it or moving out of Country?

 

[unidentifiable]

Any..

Any other points of view? Any additional information? Any help is appreciated.

 

[unidentifiable]

Okay...

Can I have this case re-opened? Under it's initial reversal (returned for retrial), on it's merit, the Grosetfon submissions or any other reason? In sum, is there any other Court to have this reviewed or any other means of fighting this battle? I am very unsettled. Remember, I plead not guilty to all charges and all specifications for a reason. There are simply too many unsettled factors.

 

[badapple40]

No, you cannot. Once the CAAF and service courts have reviewed the sentence, thats it.

What happened at the retrial? And has those results been reviewed?

In any event, civilian relief from court-martials almost never happens.

 

[unidentifiable]

Well

As expected, the Trial Judge affirmed the conviction. What was not expected was the change in Presiding Judges at CAAF. The Judge who so strongly pushed for the retrial left the Bench and Crawford entered (has she ever dissented any conviction?). West's published the decision, et cetera.

Has a Grostefon submission (other than THE actual Grostefon) ever received any credit from any appellate court?

And, what do you mean "almost" in civillian relief court? Is there a time limit? What part of a conviction or sentence can they affect, post-appellate review?

Believe it or not, I was a very good soldier and I liked soldiering. I had full support through Company level (Off & NCO), and tremendous support from service-members outside of the unit. Never any other NJP or any of the related...not even ever a poor counselling report.

 

[acmb05]

I am curious to know

why it is you think you are not guily. What was your breathalizer results, I assume someone died in the accident they must have taken a blood test. What were the results of that.

 

[badapple40]

The only availability of civilian review is through habeas, and that requires you be presently confined, which you are not. And, as an aside, I have NEVER seen habeas relief granted to a military prisoner.