United States v. Private E1 BRYCE M. PHILLIPS

I join fully with Senior Judge Yob’s dissent and offer this separate dissent.

By accepting appellant’s plea under Article 90, UCMJ, in this ease, the majority effectively endorses the abolition of any meaningful distinction between the offenses of willful disobedience and breaking restriction. The decision conflates the two types of “ultimate offense” situations that arise and exaggerates criminal liability for what has always been understood as a minor offense under Article 134, UCMJ, breaking restriction. In so doing, the majority allows commanders a degree of prosecutorial discretion that…