United States v. Turner

OPINION OF THE COURT UPON REHEARING

LEONARD, Senior Judge:

If an accused received a sentence at his original trial that included a punitive discharge, but no confinement, should the military judge’s rehearing sentencing instructions inform the members that they may adjudge confinement as a lesser punishment instead of the punitive discharge? We hold the military judge should have so instructed and take corrective action on appellant’s sentence.

In June 1989, a special court-martial found appellant guilty of larceny of military property of the United States and sentenced him to a bad-conduct…