United States v. Burgard

Opinion of the Court

Convicted upon his plea of guilty of larceny, in violation of Uniform Code of Military Justice, Article 121, 10 USC § 921, and forgery, in violation of Code, supra, Article 123, 10 USC § 923, the accused was sentenced to dismissal. Intermediate appellate authorities have affirmed that punishment. We granted accused’s petition for review upon the specified issue:

“Whether the Convening Authority’s action was improperly limited by the provisions of sec. 0120a, Manual of the Judge Advocate General, Department of the Navy.”

At the time of the convening authority’s action upon…