United States v. Vargas

WYNNE, Judge:

We have examined the record of trial, the assignment of error,1 and the Government’s response thereto. The findings and sentence are correct in law and fact, and no error materially prejudicial to the substantial rights of the appellant was committed.

The appellant contends, for the first time, that his court-martial was improperly convened and could not sentence him because the record does not affirmatively show that the individual officer who referred his case to trial personally selected the members of the court-martial. See Art. 25(d)(2), Uniform Code of Military Justice, 10…