United States v. Worrell

Opinion of the Court

Darden,Judge:

Records of Article 15 non judicial punishment for failing to obey a lawful order, two unauthorized absences, dereliction of duty, false official statements or documents, and misbehavior as a sentinel or lookout were erroneously used against Worrell as matters in aggravation following his conviction of an unauthorized absence that began June 2, 1969. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970). Reappraisal of the sentence is required. United States v Martin, 19 USCMA 486, 42 CMR 88 (1970).

Accordingly, the decision of the Court of Military Review is…