United States v. Fenwrick

I concur but write separately to reiterate the importance of affording convening authorities the discretion properly granted to them by Article 25, UCMJ.

It should come as no surprise that, in applying the criteria enumerated in Article 25, UCMJ — age, education, training, experience, length of service, and judicial temperament — a convening authority will often look first to officers (and-enlisted members, when requested) who are senior in rank. See United States v. Upshaw, 49 M.J. 111 (C.A.A.F.1998) (citing United States v. Crawford, 35 C.M.R. 3, 12, 1964 WL 4914 (C.M.A.1964); United States…