Legal Opinion · Dissent

United States v. Watson

Court of Appeals for the Armed Forces

Decided February 28, 2011No. 10-0468/ARPublished

1Dissent

STUCKY, Judge,

with whom BAKER, J„ joins (dissenting):

The majority states that “[although para. l-3.a. provides guidance as to how the discharge authority should exercise discretion in issuing a discharge certificate, the manner in which the discharge authority exercises this discretion does not remove that person from occupying the status of a discharge authority.” United States v. Watson, 69 M.J. at 420 (C.A.A.F.2011). Therefore, “a mistake in the exercise of discretion by a discharge authority does not fall within circumstances under which revocation is authorized by para. 1-10.6.” Id. This…

2Cases cited7 opinions

  1. United States v. DuBayUnited States Court of Military Appeals · 1967
  2. United States v. DykesUnited States Court of Military Appeals · 1993
  3. United States v. LewisCourt of Appeals for the Armed Forces · 1995
  4. United States v. GarvinUnited States Court of Military Appeals · 1988
  5. United States v. EstradaCourt of Appeals for the Armed Forces · 2010

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API