United States v. King

(dissenting) :

I dissent.

I have three points upon which I disagree with the majority of the Court. First, I do not believe we should direct the Army to redraft specifications under any particular charge as I know of no reason why an absence without leave specification should be eliminated. Second, the Court’s opinion places an arbitrary ceiling of five years on any future sentence that may be imposed and I question our authority to limit the sentence except as provided by the Code. Third, the facts do not remotely bring this case within the ambit of United States v. Heims, 3 USCMA 418, 12 CMR…