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United States v. Castillo

United States Navy–Marine Corps Court of Criminal Appeals

59 M.J. 600 (2003)

Facts

Castillo (plaintiff) enlisted in the United States military (defendant) in September 1997. Over two years, Castillo reported intermittent sexual harassment. Several officers investigated the claims. A Marine major concluded that the command should have reported Castillo’s allegations to the provost marshal. The command equal opportunity (EO) advisor documented Castillo’s complaints of sexual harassment, including various incidents by six different senior Marines within 23 months. The EO advisor concluded that Castillo was a victim of verbal harassment and sexual assault. In January 2001, Castillo began an unauthorized absence that lasted 366 days. A special court martial convicted Castillo before a military judge of violating Article 86 of the Uniform Code of Military Justice (UCMJ), which prohibited unauthorized absences. The judge awarded Castillo a bad-conduct discharge, a 51-day confinement, and a reduction to E-1 pay grade. The convening authority (CA) approved the sentence. Castillo appealed, arguing that her sentence was inappropriately severe. In July 2001, the appellate court granted relief and remanded the trial record to the CA for new action consistent with its decision. Castillo appealed again.

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Holding and Reasoning (Dorman, C.J.)

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