United States v. Mabry

Opinion of ttle Court

Ferguson, Judge:

By his pleas of guilty, the accused was convicted of two specifications of willful disobedience of a lawful command, in violation of Uniform Code of Military Justice, Article 90, 10 USC § 890. One of the orders was “to get your gear ready and go on a combat ambush patrol;” the other being “to go to the field with the Company.”

Evidence of accused’s eight years’ prior honorable service was introduced, and Sergeant Mabry expressed a desire to remain in the service. He stated circumstances “sort of built up in my mind and I couldn’t go out any more.” On…