United States v. D'Aiello

GREGORY, Judge:

This case is before us for a second time. Previously, we found that appellant had not been given an opportunity to rebut certain adverse matters which had been relied upon by the convening authority in his determination that appellant had violated the terms of the “misconduct provision” in the pretrial agreement and that the sentence should be approved as adjudged. We therefore set aside the convening authority and supervisory authority actions and returned the record of trial for new actions. United States v. D'Aiello, 5 M.J. 687 (N.C.M.R. 1978).

New actions have now been taken…