United States v. Bell

I concur with respect to the findings but I dissent with respect to affirmance of the sentence, as modified, because I find that a sentence which includes an unsuspended punitive discharge is inappropriate under the particular circumstances of this case. Since this Court cannot suspend punitive discharges, I am further constrained to find a punitive discharge inappropriate. Cf. United States v. Lucas, 28 M.J. 851 (AFCMR 1989). I find it essential to my own peace of mind to explain my concern.

Appellant was convicted, in accordance with his pleas of guilty, of two specifications of indecent…