United States v. Green

654 F.3d 637 (2011)

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United States v. Green

United States Court of Appeals for the Sixth Circuit
654 F.3d 637 (2011)

Facts

Steven D. Green (defendant) enlisted in the Army in 2005. Despite marginal test results at enlistment, Green was accepted by the Army and received six months of training before he was deployed to Iraq as an infantryman. On March 12, 2006, Green participated in the sexual assault and murder of an Iraqi girl and the murders of her family, crimes which were initially blamed on Iraqi counterinsurgents. Green was subsequently diagnosed with a personality disorder, leading to his honorable discharge from the Army. On May 3, 2006, Green left Iraq and went to Fort Campbell, Kentucky for transition processing. On May 11, Green completed his pre-separation counseling checklist, and a memorandum was issued confirming that Green had completed clearance and was eligible to leave Fort Campbell on May 16. Green received his final pay and was issued a certificate of release from active duty on May 16. One month later, officials discovered Green’s involvement in the crimes. Because Green had already been discharged, he could not be court-martialed. Instead, pursuant to the Military Extraterritorial Jurisdiction Act (MEJA), Green was tried in federal district court and convicted of multiple offenses, including sexual assault and murder. Green appealed, arguing he had not been validly discharged from the army and was therefore not subject to MEJA. Specifically, Green argued that his clearing process had not been completed because the army failed to comply with regulations requiring it to (1) collect his identification card, (2) conduct a departure ceremony, (3) advise him to apply for compensation, and (4) provide him with formal counseling.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

Concurrence (Thapar, J.)

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