U.S. v. Gilbert, 50 M.J. 176

Trial Stages: Merits: Pretrial Agreements

1. where terms of pretrial agreement were unambiguous, and plain language permitted approval of unsuspended bad-conduct discharge, clause requiring suspension of approved dishonorable discharge did not compel convening authority to suspend bad-conduct discharge
2. pretrial agreement providing that both a suspended dishonorable discharge and unsuspended bad-conduct discharge were permissible punishments did not create situation in which one discharge would be considered less serious and thus preclude approval of the other