United States v. Sergeant First Class ALAN D. ESLINGER

I concur. I however write separately to highlight my concern that the majority opinion could be interpreted as limiting government rebuttal in sentencing to the confines of Rule for Courts-Martial [hereinafter R.C.M.] 1001(b). I find the majority’s use of R.C.M. 1001(b) to address error occurring during government rebuttal in this case could prove confusing to the practitioner as to applicability of R.C.M. 1001(b) to rebuttal. The majority uses R.C.M. 1001(b) to illustrate the scope of appropriate rebuttal to rehabilitation testimony in light of the error herein where defense presents…