Yesterday the U.S. Court of Appeals for the Armed Forces decided
United States v. Dinger. At issue was whether a retired Marine gunnery sergeant could be sentenced to a punitive discharge in light of a statute that seemed to preclude it. Expressly overruling prior cases, the court affirmed, holding "that in § 6332 Congress did not prohibit a court-martial from sentencing a retiree to a punitive discharge or any other available punishment established by the President."
By permitting a punishment that was not permitted at the time of the offense, does the decision violate Fifth Amendment due process? Discuss Bouie v. City of Columbia, 378 U.S. 347 (1964), in your answer.
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