I agree with this, the only reason to get penals is a more duable squad than CEs that have a flamethrower.
Cons are fine, they'll beat volks in a 1v1 fight ....
So, what about 1xCons in green cover fighting at mid range vs 1xVolks in yellow cover with the result of conscripts having to retreat?
What about 1xCons in green cover and volks approaching to the green cover and making my conscripts retreat?
I've experienced that on early game several times.
Another one, 2 conscript squads at long range stalling vs 1 Volk in green cover, I ooray with the squad that is not receiving fire to get the same green cover as volk. I focus him, he focus my close conscript squad (I move the far conscript squad to the green cover since they are not receiving fire). He kills 3-4 models of my close green cover squad but at the end he have to retreat because another cons squad is coming.