United States v. Nelson

DECISION UPON REHEARING

In our original decision in this case, United States v. Nelson, 2 M.J. 277 (decided 27 August 1976), we found that the military judge erred in his sentencing instructions to the court when he neglected to advise the members that a bad conduct discharge was authorized only because the aggregate confinement, without substitution, totaled in excess of six months. Manual for Courts-Martial, 1969 (Rev.), paragraph 127e, Section B. We further found, however, that in the particular circumstances the accused was not prejudiced by the error.

*504Subsequently, the United States Court…