Is Chelsea Manning Ineligible for her Senate Run?

Private Chelsea Manning

Army Private Chelsea Manning filed paperwork earlier this month to run for the U.S. Senate in Maryland. While Chelsea’s sentence was commuted last year, her appeal before the Army Court of Appeals (ACCA) is still pending. She filed her appellate brief with the Army Court in May 2016, and I could not locate any reports that she has withdrawn her appeal. At court-martial she was sentenced, in part, to a dishonorable discharge, necessitating automatic appellate review of her case by ACCA.

If her appeal is still pending, she is almost certainly on appellate leave status, meaning she is technically still a Soldier in the regular Army.  (See Article 76a of the UCMJ, and paragraphs 5-19 through 5-22 of Army Regulation 600-8-10.) Soldiers serving on active duty are ineligible to run for partisan office.

Everyone who has practiced at the appellate courts knows clients frustrated they are not given their DD 214 and remain in the service while they await their appeal, even though they are no longer in confinement. I haven’t seen anything that suggests Chelsea is any different from other service members who await final adjudication of their case while on appellate leave status.

Now I know there’s a lot of conjecture here, but it strikes me that Chelsea Manning has a few options to avoid subjecting herself to additional UCMJ proceedings. The Secretary of the Army can grant her permission to run, but there's no indication this permission was sought or granted. She could also withdraw her appeal or from her Senate campaign. Otherwise, she is likely flouting DOD policy and may be subject to further court-martial punishment. Thoughts?