United States v. Smith

ORR, Senior Judge:

This case has been returned to us for the continuation of our review under Article 66, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 866, following an earlier decision in which we returned the record of trial for a new staff judge advocate’s or legal officer’s post-trial recommendation because the earlier recommendation was prepared by someone who was not a commissioned officer. See United States v. Smith, 34 M.J. 894 (N.M.C.M.R.1992). Unlike the two earlier recommendations, however, a copy of the valid one, prepared by a commissioned officer, was not forwarded to the…