United States v. Jack

Opinion of the Court

Homer Ferguson, Judge:

The accused was sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for one year, following a conviction by general court-martial of desertion, in violation of Article 85, Uniform Code of Military Justice, 50 USC § 679. After approval by the convening authority, an Air Force board of review ordered the charge and specification dismissed. Whereupon The Judge Advocate General of the Air Force certified the following question:

“Was the Board of Review correct in holding that there was a failure of proof in the case?”

The…