United States v. Schwabauer

I dissent from the majority opinion. I conclude that, as a matter of law, appellants did not wrongfully dispose of military property as required by Article 108, Uniform Code of Military Justice, 10 USC § 908. United States v. Faylor, 8 USCMA 208, 24 CMR 18 (1957); cf United States v. Holland, 25 MJ 127, 128 (CMA 1987) (Sullivan, J., dissenting).

Pursuant to their guilty pleas, appellants were found guilty of the wrongful disposition of military property, Article 108(3), as a lesser-included offense of willful misbehavior before the enemy (by casting away arms or ammunition), Art. 99, UCMJ, 10…