United States v. Muckelrath

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

While I agree with my associates that the evidence is indeed legally sufficient to support the findings, I am constrained to dissociate myself from the remainder of the Court’s opinion.

As the majority pointed out in United States v Morris, 8 USCMA 755, 25 CMR 259, if a post-trial review, when considered in its entirety, is not misleading, then isolated inaccuracies may be disregarded. Unimportant inaccuracies do not justify setting aside otherwise valid advice. United States v Sulewski, 9 USCMA 490, 26 CMR 270.…