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Factual Insufficiency: Court-Martial Conviction Vacated — Client Gets Honorable Discharge with Full VA Benefits

The Army Court of Criminal Appeals (ACCA) vacated Josh's client's conviction for adultery as well as his sentence to a bad-conduct discharge. A rehearing was not authorized, as the basis for the decision was factual insufficiency. Under Article 66, ACCA reviews the record of trial anew, taking into account they have not personally observed the witnesses and do not weigh credibility, to determine whether they are convinced beyond a reasonable doubt of the accused’s guilt.

In Josh's brief and reply brief, he highlighted that the government failed to prove his client was married at the time of his accused misconduct. ACCA agreed. So they, essentially, entered a finding of not guilty. At court-martial, he had already been acquitted of the other charges. After the trial, he was able to leave the Army with an honorable discharge and his full VA benefits.

Read the ACCA's official opinion here.

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