United States v. Polomski

WATKINS, Judge, with whom Senior Judge McKAY and Judge WERNER

join, concurring in the result:

I agree in principle with the majority holding that, in a judge-alone, guilty-plea general court-martial case it is error for the military judge to impose a fine in addition to forfeiture of all pay and allowances where he has failed during the providence inquiry to advise the accused that a fine constitutes an authorized element of punishment. I would make clear, however, that an error of this nature must be tested for prejudice and that the remedy of sentence modification is neither required nor…