United States v. Silvernail

I concur.

Our examination of the record of trial in this case led us to conclude that only suspension of the punitive discharge for a probationary period would strike an appropriate balance between the nature of the offenses and the individual background and rehabilitative potential of this offender. We found that neither approval of an unsuspended bad conduct discharge nor disapproval of the discharge altogether would be compatible with our mandate under Article 66(c) of the Uniform Code of Military Justice. Mindful that executive clemency may be granted during the pendency of the reg*956ular…