United States v. Reynaud

*745DECISION

HODGSON, Chief Judge:

The accused was convicted of drunk on duty, larceny, drug abuse and falsely making and uttering prescription forms in violation of Articles 112, 121 and 134, U.C.M.J., 10 U.S.C. §§ 912, 921, 934. Pursuant to a pretrial agreement the approved sentence extends to a bad conduct discharge, confinement at hard labor for 24 months, and reduction to airman basic.

I

On appeal the accused maintains that the allegation of falsely making and uttering prescription forms (Specification 2 of Charge III) is actually a forgery offense which is preempted by Article 123, Code, 10…