United States v. Hart

DECISION

KASTL, Senior Judge:

This is a case of first impression on sentencing under Article 133, UCMJ, 10 U.S.C. § 933. It centers on the interpretation of the words “the most analogous offense” (MCM, Part IV, para. 59 e) when assessing the correct maximum punishment for officer misconduct.

Maximum Punishment Under Article 133

Prior to 1949, punishment for violations of the predecessors to Article 133 was man*1177datory dismissal. See Moyer, Justice and the Military (1972) 1036. This obligatory requirement was deleted with the passage of the Uniform Code of Military Justice; punishment for a…