United States v. Foster

OPINION OF THE COURT ON FURTHER REVIEW

CREAN, Senior Judge.

This case is before the court for further review. In our original decision, United States v. Foster, 39 M.J. 846 (A.C.M.R.1994), we returned the record of trial to the convening authority for withdrawal of his original action and for substitution of a new and correct action.

The sentence of the court-martial included forfeiture of all pay and allowances. In his original action, the convening authority granted clemency and approved a forfeiture of $214.00 pay per month. We returned the action to him under Rule for Courts-Martial 1107(g)…