In United States v. Pietr Lewis, the court agreed that it was error to admit a company grade UCMJ art. 15 punishment in sentencing, over defense objection. The 15 was from a prior duty station when he was a PFC. It appears Army Regulation 27-10 para. 3-37b(1) (their JAGMAN) required destruction of the 15 once he PCS'd. However, the TC relied on the 15 being maintained in a Military Justice Online database for up to two years, IAW 27-10 para. 3-37h.
Appellant pled guilty to involuntary manslaughter and was sentenced to 42-months, RiR, and a DD.
On 11 June 2020, appellant and a group of fellow soldiers went out to a few bars to socialize. Appellant, being under 21, was one of the designated drivers. By the end of the evening, only appellant and the victim remained at the bar. Despite being under the legal drinking age of 21, and a designated driver, appellant consumed "about five to seven drinks" that evening.
The court having found error, found prejudice and reassessed the sentence to 36-months, RiR. and a DD.
Disclaimer: Posts are the authors' personal opinions and do not reflect the position of any organization or government agency.
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Joint R. App. Pro.
Army Crim. L. Deskbook