United States v. Garza

I join Senior Judge Barto in his dissent, but write separately to describe more fully my concerns in view of the majority’s disposition of this case.

Appellate counsel for the government offered by motion an affidavit from the convening authority, dated 13 January 2005, in which the convening authority states that his action, not approving the adjudged bad-conduct discharge, was the result of a “clerical error,” and the government prays for a remand order to allow the error to be corrected. Appellant’s counsel oppose granting the motion and the requested relief, citing Rule for Courts-Martial…