United States v. Atkins

I dissent.

Although there can be no doubt that a board of review is clothed with the power to affirm such part of a sentence as- it deems appropriate, the effect of the decision of the Court is to invest *81the board with the right to refuse to affirm any sentence. The theory seems to be that the power to affirm part of a sentence begets a discretion not to permit any punishment. I cannot agree, for I am persuaded that the right of a board to determine the appropriateness of sentence does not embrace the power to forgive the accused from all punishment imposed by the court-martial. To the…