United States v. Espinoza

BAUM, Chief Judge:

We have carefully considered the well articulated defense brief which urges disapproval of the punitive discharge as inappropriate for this accused and his offenses, but in the final analysis must disagree with the course advocated. In so doing, we have rejected that portion of appellant’s argument that submits two clemency actions by the Commandant as authority for the proposition that a bad conduct discharge in this case is disproportionately severe. Clemency measures are distinctly different from sentence appropriateness determinations made by Courts of *552Military Review.…