United States v. DeBarrows

Judge O’HARA

(concurring):

While I generally agree with the opinion of the Court, I feel that the major issues raised in this case deserve further elaboration.

Convening Authority

In response to the military judge’s court order questioning sua sponte the convening authority, the government placed in evidence a stipulation of fact, an extract from the Eleventh District’s Standard Operating Procedure (SOP), and the testimony of Chief Boatswain’s Mate (BMC) Collins who was at the time the Appellant’s immediate supervisor. The stipulation of fact provided that:

1. ... [The] primary current assignment…