In Brief
The Navy dismissed a sailor for misbehavior and using force against a superior officer. The Armed Forces Tribunal set aside the dismissal, finding the punishment disproportionate, particularly because the force resulted from provocation by abusive language rather than premeditation. The Tribunal substituted 75 days detention, which the sailor had already served. The Supreme Court dismissed the Navy's appeal, upholding the Tribunal's authority to modify disproportionate punishments. While the sailor's conduct was misconduct that could not be excused, the substitution of detention for dismissal was proportionate and within the Tribunal's jurisdiction.
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