United States v. Harmon

DECISION

HODGSON, Chief Judge:

A record of trial that is not substantially verbatim will not support a sentence that includes a punitive discharge. Article 54, UCMJ, 10 U.S.C. § 854 R.C.M. 1103(f)(1); United States v. Desciscio, 22 M.J. 684 (A.F.C.M.R.1986). Missing unrecorded testimony can be reconstructed so as to make the record verbatim, but where the omission is substantial a presumption of prejudice arises and the burden is on the Government to rebut that presumption. United States v. Desciscio, supra.

*733In the appeal before us, a malfunctioning of the court reporter’s equipment permitted…