U.S. v. Zarbatany, 70 M.J. 169 (2011) has dramatically changed the landscape of potential relief associated with significant pretrial punishment. Airman Zarbatany received 595 days of pretrial confinement credit as a result of a military judge’s ruling he was illegally punished prior to his court-martial. The trial court highlighted several disturbing facts, in part, “appellant was in pretrial confinement at ACC for 119 days in virtual lock-down status; 2) he was confined to his cell for an average of 23 hours a day; 3) he was allowed out of his cell only to shower; 4) he could only meet with his wife over a television monitor; 5) his recreation area was about the size of his cell; 6) he was typically denied the right to talk to fellow inmates; 7) he shared his cell with post-trial inmates; and 8) without cause he was locked in the shower room, about 8 times, for about 30 minutes a session. Now, at trial, Zarbatany was sentenced to serve 6 months in confinement, which was far less than the Art. 13 award of 595 days; in fact, he had “415 days of excess confinement credit.” The appellate court, in a remarkably gracious move held the sentence “disproportionate” and told the Government to effectively disapprove the bad conduct discharge.