United States v. Ohrt

Judge LEWIS, with whom Senior Judge FORAY, Senior Judge SESSOMS and Judge BLOMMERS join

(dissenting):

We concur that the commander’s opinion was based on something more than the offenses of which the appellant was convicted and, thus, was proper insofar as the guideline enunciated in United States v. Homer, 22 M.J. 294 (C.M.A. 1986), is concerned. However, since his opinion addressed potential for continued Air Force service, we believe that it effectively constituted a recommendation that a bad conduct discharge be imposed. Appellate counsel for both sides have agreed that the receipt of this…