In an unpublished opinion in United States v. Sabia, No. 20150225 (C.G. Ct. Crim. App. Feb. 25, 2015) (link to slip op.), the Coast Guard CCA contemplates the appropriateness of a sentence of confinement for 150 days, reduction to E-2, and a bad-conduct discharge for the offense of wrongfully communicating a threat, such conduct being to the prejudice of good order and discipline in the armed forces, in violation of Article 134. The convening authority disapproved the adjudged confinement. The opinion doesn’t provide the precise details of the specification, but it indicates that the appellant made some sort of threatening statement to military leaders at Port Angeles whom he did not know, had never met, could not identify, and didn’t threaten by name.
In an opinion written by Chief Judge McClelland, the CCA affirms the sentence as approved. But it seems to be a close call. In particular, a concurring opinion written by Judge Duignan notes that:
Appellant, who was having medical problems, found himself in an escalating chain of circumstances that ultimately led to his court-martial. Homeless, and living out of his car in the Pacific Northwest, Appellant needed help. The record indicates that his command knew of his situation, and might have done more to intervene. Appellant’s threats—although treated with appropriate seriousness by his command—were essentially a cry for help. No one at the command believed that Appellant truly wanted to harm his chain of command. Rather, the record indicates that Appellant was essentially disconnected from his command altogether.
Slip op. at 3.