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28 M.J. 614

In re Clifton

U S Air Force Court of Military Review · decided 1989-01-06

Applies 10 U.S.C. § 866

Relies on Dettinger v. United States · United States v. Dettinger · United States v. Biondi

Decided 1989-01-06

PER CURIAM:

¶1The petitioner is a former Air Force member who was administratively discharged on 26 February 1986. In May 1986, he was tried and convicted by the State of Alaska for some type of sexual misconduct with his step-children. The exact nature is not stated in his petition. He is presently imprisoned in the Wildwood Correctional Center, Kenai, Alaska.

¶2The petitioner asks that we review the validity of his administrative separation and the legality of his conviction in the Alaskan state courts.

¶3Our authority to act on petitions for extraordinary relief is limited to those matters in which we may issue writs in aid of our appellate jurisdiction. United States v. Dettinger, 6 M.J. 505 (A.F.C.M.R.1978), aff'd in part, rev’d in part, 7 M.J. 216 (C.M.A.1979); see also United States v. Biondi, 27 M.J. 830 (A.F.C.M.R.1988). Our appellate jurisdiction does not include the review of administrative discharges or an appeal from a conviction by a civilian court. See Article 66, UCMJ, 10 U.S.C. § 866; see also United States v. Hudson, 48 C.M.R. 270 (A.C.M.R.1974). Accordingly, the petition is

¶4DISMISSED.

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