I 

110TH CONGRESS 

2D SESSION H. R. 5130 

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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 23, 2008 

Mr. MCDERMOTT introduced the following bill; which was 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. INTEREST PAYMENTS ON CERTAIN CLAIMS 

4 ARISING FROM CORRECTION OF MILITARY 

5 RECORDS. 

6 (a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) 

7 of section 1552 of title 10, United States Code, is amend8 ed by adding at the end the following new paragraph: 


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1 ‘‘(4) If the correction of military records under this 

2 section involves setting aside a conviction by court-martial, 

3 the payment of a claim under this subsection in connection 

4 with the correction of the records shall include interest 

5 at not less than the rate of interest in effect under section 

6 1035 of this title at the time the payment is made. The 

7 interest shall be calculated on an annual basis, and com8 pounded, using the amount of the lost pay, allowances, 

9 compensation, emoluments, or other pecuniary benefits in10 volved, and the amount of any fine or forfeiture paid, be11 ginning from the date of the conviction through the date 

12 on which the payment is made.’’. 

13 (b) CONFORMING AMENDMENT REGARDING CORREC14 TIONS BOARD AUTHORITY TO OVERTURN CONVIC15 TIONS.—Subsection (f) of such section is amended by in16 serting ‘‘convened after May 4, 1950, and’’ after ‘‘court17 martial cases’’. 

18 (c) CLERICAL AMENDMENTS.—Subsection (c) of such 

19 section is further amended— 

20 (1) by redesignating paragraphs (1), (2), and 

21 (3) as subparagraphs (A), (B), and (C), respectively; 

22 (2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 

23 (3) by striking ‘‘If the claimant’’ and inserting 

24 the following: 

25 ‘‘(2) If the claimant’’; and 


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1 (4) by striking ‘‘A claimant’s acceptance’’ and 

2 inserting the following: 

3 ‘‘(3) A claimant’s acceptance’’. 

4 (d) RETROACTIVE EFFECTIVENESS OF AMEND5 MENTS.—The amendment made by subsection (a) shall 

6 apply with respect to any sentence of a court-martial set 

7 aside by a Corrections Board on or after October 1, 2007, 

8 when the Corrections Board includes an order or rec9 ommendation for the payment of a claim for the loss of 

10 pay, allowances, compensation, emoluments, or other pe11 cuniary benefits, or for the repayment of a fine or for12 feiture, that arose as a result of the conviction. In this 

13 subsection, the term ‘‘Corrections Board’’ has the mean14 ing given that term in section 1557 of title 10, United 

15 States Code. 

Æ 


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