United States v. Scalo

CLEVENGER, Judge, with whom Judge STOCKEL joins,

dissenting.

I disagree with the majority’s analysis of the law regarding factual errors in a staff judge advocate’s (SJA) post-trial recommendation (SJAR). The majority properly recognizes the controlling provisions in Rule for Courts-Martial [hereinafter R.C.M.] 1106. But the plain error analysis they hold appropriate for our court to use in these circumstances is incomplete and would be better as described below.

I would find prejudicial legal error in the SJA’s failure to advise the convening authority of the correct nature and duration of…