United States v. Dominski

DECISION

KASTL, Senior Judge:

The accused claims that his individual defense counsel argued for a bad conduct discharge and that the military judge erred by failing to explore the accused’s desires in the matter.*

We do not find the issue factually raised. To the contrary, we find that while the individual defense counsel’s closing argument on sentence discussed available options, it did not concede that a punitive discharge was appropriate. Accordingly, we affirm.

During closing argument on sentence, the individual defense counsel stated to the members:

We argue that the main goal of punishment…