United States v. Bivins

Relying upon this Court’s decision in United States v. Hode, 44 M.J. 816 (A.F.Ct.Crim. App.1996), the majority modifies appellant’s conviction of violating a lawful general regulation, AFI 34-119, by only affirming his conviction of the lesser included offense of dereliction of duty by consuming alcoholic beverages while under the age of 21. Although the majority follows the precedent of this Court, I cannot concur that by so doing we reach the correct result. Consistent with his plea to violating a lawful general regulation by underage drinking, I would affirm his conviction. Moreover, I…