United States v. Martinez

OPINION OF THE COURT

ROSENWASSER, Chief Judge:

At his trial by a military judge sitting alone as a special court-martial, the accused pleaded guilty to two AWOLs, one being of four days duration and the other about eight months. After the findings he testified at length in extenuation and mitigation. He made it clear that he earnestly desired a discharge from the Coast Guard. He asked for a bad conduct discharge but also asked that no confinement be imposed.

The defense also presented the testimony of the accused’s foster father supporting his request for a bad conduct discharge with no…