United States v. Smith

DOMBROSKI, Chief Judge:

We have examined the record of trial, the assignments of error,1 and the Government’s response thereto, and we have concluded that the first assignment of error has merit. However, we do not agree with appellant’s requested relief — that we approve a bad-conduct discharge in lieu of the adjudged dishonorable discharge. For the reasons stated below, we will return the record for the convening authority to withdraw his original action and substitute a corrected action. Rule for Courts-Martial [R.C.M.] 1107(g), Manual for Courts-Martial, United States (1995 ed.).

Background

P…