Yes, a service member, through their defense counsel, can and should request alternative punishments to try and avoid a punitive discharge during the sentencing phase of a court-martial. A punitive discharge—either a Bad Conduct Discharge (BCD) or a Dishonorable Discharge (DD)—is a permanent, life-altering punishment. A primary goal of any defense attorney during sentencing is to convince the court-martial panel or the military judge not to impose a punitive discharge.
The attorney will make a detailed and persuasive argument for alternative punishments. They will present a strong mitigation case, highlighting the service member’s good military record, family situation, and potential for rehabilitation. The attorney will then suggest a specific combination of other, less severe punishments that would still hold the member accountable without ending their career and stripping them of their veteran status.
For example, the attorney might argue that instead of a BCD, a just sentence would be a short period of confinement, a significant forfeiture of pay for several months, and a reduction in rank. They will argue that this combination of punishments is severe and sufficient to address the misconduct, while still allowing the service member the chance to be rehabilitated and to continue their service or at least separate honorably. The goal is to provide the panel with a reasonable, credible alternative to the career-ending punitive discharge.