United States v. Beard

Opinion of the Court

Ferguson, Judge:

This Case is before us for the second time. Initially, in a per curiam opinion, we reversed because of an error in the sentence instructions. United States v Beard, 17 USCMA 528, 38 CMR 326. Since the error directly affected the imposition of the bad-conduct discharge, we directed that the board of review could either disapprove that *380portion of the sentence, or a rehearing on sentence could be ordered.

On rehearing, a special court-martial sentenced the accused to a bad-conduct discharge only. The convening authority approved the sentence but suspended the…