United States v. Miller

The issue in this case is:

DID THE MILITARY JUDGE IMPEACH HIS SENTENCE, WHICH INCLUDED A BAD CONDUCT DISCHARGE, WHEN HE STATED THAT HE WOULD SUSPEND THE BAD CONDUCT DISCHARGE WERE IT WITHIN HIS POWER TO DO SO?

In his colloquy immediately following the announcement of sentence, the military judge made the following statement:

Were it within the court’s power to suspend the bad conduct discharge, the court would, and direct the Convening Authority to consider your performance of duties and situation to determine- if an administrative separation is appropriate. However, the court does not have such…