United States v. Bierley

DECISION

FORAY, Senior Judge:

Appellant is contesting his special court-martial conviction for drug abuse by contending:

I

THE COURT-MARTIAL WAS WITHOUT JURISDICTION BECAUSE LT COL [H], THE CONVENING AUTHORITY, WAS NOT PROPERLY APPOINTED TO COMMAND.

But, if he was properly appointed to command, then:

II

THE ACTION OF THE CONVENING AUTHORITY IS INVALID, AS THERE IS NO EVIDENCE THAT COLONEL [W] WAS PROPERLY IN COMMAND.

At the trial of this case, during arraignment, trial counsel announced that the charges were, in fact, referred to trial by Lieutenant Colonel H.1 A copy of a special order announcing…