United States v. Wise

Opinion of the Court

George W. Latimer, Judge:

This and its companion case, United States v Laurie, 6 USCMA 478, 20 CMR 194, present the single issue of whether a convening authority has a duty to consider the facts and circumstances *474found in each individual case to determine whether he will remit or suspend a punitive discharge. Because the issue here granted involves post-trial proceedings, a statement of the facts surrounding the substantive offenses is not required. Only those necessary to place the question before us in its proper perspective will be related.

The accused pleaded guilty to…