United States v. Boudreaux

To the extent that the only issue before us is whether this case must be reviewed by this Court under Article 66, Uniform Code of Military Justice (UCMJ), I disagree with the majority decision. I also disagree with the new method of review which the majority opinion has created by its fiat.

First, the question presented by the forwarding of this case from the Judge Advocate General is only whether this Court must review it under Article 66, UCMJ, when, after a rehearing, the case was mistakenly reviewed by the Office of the Judge Advocate General — purportedly under Article 69, UCMJ. The…