United States v. Longhi

OPINION OF THE COURT

LEONARD, Senior Judge:

This case deals exclusively with the correctness of an instruction stating veteran’s benefits from a prior enlistment are “vested” and are not forfeited by a punitive discharge adjudged in a later enlistment. Appellant contends the trial judge erred when he instructed the court members on the effects of a punitive discharge:

This court may adjudge a bad conduct discharge. Such a discharge deprives one of substantially all benefits administered by the Department of Veterans Affairs and, for that matter, by the Department of the Air Force, that are based…