United States v. Maharajh

Senior Judge LEWIS

(concurring):

“On the other hand, it is the duty and responsibility of a court-martial to adjudge a punitive discharge if the members conclude, based upon the evidence before them, that further service is not warranted.” No. Congress intended that a punitive discharge be severe punishment and that it be treated as severe punishment by those who impose it. United States v. Soriano, 20 M.J. 337, 342 (C.M.A.1985), and cases cited therein. It would take a whole lot of proper sentencing instructions —a good deal more than what we have before us in this case, in my view — to remove…