U.S. v. Boyd, 55 M.J. 217

Trial Stages: Sentence and Punishment: Instructions

1. a military judge’s decision whether to instruct on a specific collateral consequence of a sentence is reviewed for abuse of discretion
2. in all cases tried after July 10, 2001, military judges are required to give an appropriately tailored instruction on the impact of a punitive discharge on retirement benefits, if there is an evidentiary predicate for the instruction and a party requests it; military judges may deny a request for such instruction only in cases where there is no evidentiary predicate for it or the possibility of retirement is so remote as to make it irrelevant to determining an appropriate sentence
3. even if it was error to deny appellant’s request for an instruction on the impact of a punitive discharge on retirement benefits, any error was harmless where: (1) the evidentiary predicate for an instruction on retirement benefits was minimal; (2) appellant tendered no evidence pertaining to the projected value of his retirement; (3) appellant did not mention his hopes for retirement in his two unsworn statements; (4) neither appellant nor his defense counsel asked the court to save appellant’s retirement; (5) the court members asked no questions about retirement benefits; (6) defense counsel made no mention of retirement benefits until the parties were reviewing proposed sentencing instructions; and (7) the focus of the defense sentencing case was on preserving appellant’s ability to continue with his drug rehabilitation program and not upon the possibility of military retirement
4. where there was no request for an instruction on the impact of a punitive discharge on temporary disability retirement, military judge did not commit plain error by failing to instruct sua sponte where there was no factual predicate before the members for an instruction on temporary disability retirement

Trial Stages: Appeals: Preservation of Error / Plain Error

1. where there was no request for an instruction on the impact of a punitive discharge on temporary disability retirement, military judge did not commit plain error by failing to instruct sua sponte where there was no factual predicate before the members for an instruction on temporary disability retirement

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. a military judge’s decision whether to instruct on a specific collateral consequence of a sentence is reviewed for abuse of discretion