United States v. Warner

Judge MILLS

(concurring in the result):

Like my brothers, I am convinced this case should be affirmed. I write separately to express disagreement with one aspect of the lead opinion.

Senior Judge Kastl expresses concern that the staff judge advocate’s recommendation advised the convening authority that he should consider, among other things, mission requirements and discipline when taking action on the findings and the sentence. As he points out, the specific language he is concerned about was taken verbatim from the non-binding Discussion of R.C.M. 1107(b)(1).

If this language had been used…