II 110th CONGRESS 2d Session S. 2548 IN THE SENATE OF THE UNITED STATES January 23, 2008 Mr. Nelson of Florida introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To provide for the payment of interest on claims paid by the United States in connection with the correction of military records when a military corrections board sets aside a conviction by court-martial.

1.

Interest payments on certain claims arising from correction of military records

(a)

Interest payable on claims

Subsection (c) of section 1552 of title 10, United States Code, is amended by adding at the end the following new paragraph: (4)If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at not less than the rate of interest in effect under section 1035 of this title at the time the payment is made. The interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made. . (b)

Conforming amendment regarding corrections board authority to overturn convictions

Subsection (f) of such section is amended by inserting convened after May 4, 1950, and after court-martial cases. (c)

Clerical amendments

Subsection (c) of such section is further amended— (1)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2)by inserting (1) after (c); (3)by striking If the claimant and inserting the following: (2)If the claimant ; and (4)by striking A claimant’s acceptance and inserting the following: (3)A claimant’s acceptance . (d)

Retroactive effectiveness of amendments

The amendment made by subsection (a) shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after October 1, 2007, when the Corrections Board includes an order or recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, that arose as a result of the conviction. In this subsection, the term Corrections Board has the meaning given that term in section 1557 of title 10, United States Code.