United States v. Nelson

DECISION UPON FURTHER REVIEW

The record of trial in this case has been returned to this Court pursuant to an order of the United States Court of Military Appeals, dated 29 November 1976. In the order, the Court reversed our decision affirming the sentence, and directed that we either order a sentence rehearing or reassess an appropriate sentence which does not include a bad conduct discharge.

At issue in our initial decision was a sentence instructional omission by the military judge. The accused was convicted of two offenses, neither of which was punishable by a bad conduct discharge. The…