United States v. Green

OPINION OF THE COURT

MATHEWS, Judge:

The appellant stands convicted, contrary to his pleas, of desertion, in violation of Article 85, UCMJ, 10 U.S.C. § 885. On appeal, he asserts that the instructions given the panel of officer and enlisted members at his general court-martial muddied the distinction between the standard of “clear and convincing” evidence and proof “beyond a reasonable doubt.” Finding merit under the unusual circumstances of this case, we grant relief.1

*502 Background

The appellant was a noncommissioned officer with 19 years and 6 months on active duty. He was assigned to the United…