United States v. Frayer

(concurring in part and dissenting in part) :

I concur in part and dissent in part.

At the outset, I note my agreement with the Chief Judge’s conclusion that there was no jurisdiction to try accused for any of the offenses alleged against him except that portion of the adultery specification which stated that the crime *609occurred during his current enlistment and the charge of communication of a threat to Sergeant Caballero. In order that there may be no misunderstanding of my position, I point out that my conclusion concerning lack of jurisdiction is based upon the decision of the United States…