United States v. Howard

I reject appellant’s first assignment of error because the record is sufficiently verbatim to support a bad-conduct discharge. While a bad-conduct discharge may not be approved without a verbatim record, United States v. Whitney, 23 U.S.C.M.A. 48, 48 C.M.R. 519 (1974), it has been held that “[insubstantial omissions from a record of trial do not affect its characterization as a verbatim transcript.” United States v. Boxdale, 22 U.S.C.M.A. 414, 415, 47 C.M.R. 351, 352 (1973). Clearly, the proceedings that went unrecorded would have constituted a substantial omission from the record had the…