The misstatement by the SJA as to no clemency recommendation by the judge was error. But there is no evidence in the record that this was a knowingly intentional misstatement designed to prejudice appellant. Over the years, this Court has noted numerous misstatements in staff judge advocates recommendations, e.g. , failure to mention the accused s service awards. In none of these cases, however, have we accused the SJA of intentional misconduct. Nor have we excused the error.
Most errors are the result of oversight and are easily correctable.
The judge in Clear recommended that the accused be sent to a retraining unit and offered the opportunity to earn a conditional suspension of his discharge. Rather than mention the military judge's clemency recommendation, the SJA stated that he found no reason to grant clemency and recommended that the accused be sent to a confinement facility, rather than the retraining unit. In Clear , the record was inadequate to support the rationale of trial defense counsel s failure to comment on the SJA s recommendation not to send Clear to a retraining unit. In the present case, however, the record supports the rationale of trial defense counsel because appellant, in an unsworn statement, requested a bad conduct discharge. After trial, I fully discussed with Pvt.