United States v. Barney

DECISION

HODGSON, Chief Judge:

The appellant was convicted of assault, disrespect to a superior commissioned officer and disorderly in station. He was sentenced to a bad conduct discharge and reduction to airman first class.

Appellate defense counsel argue that the record of trial is not substantially verbatim and thus will not support a sentence that includes a punitive discharge. R.C.M. 1103(b)(2)(B); R.C.M. 1103(c)(1). This claim of error is based on a malfunctioning of the court reporter’s equipment which did not record the proceedings surrounding a defense motion to dismiss for lack of…