United States v. Harris

I would answer the certified question in the negative and reverse the decision of the United States Navy Court of Military Review.

The court below held the transmittal portion of paragraph 85e, Manual for Courts-Martial, United States, 1969 (Revised edition), was satisfied as the record which contained the supervisory authority’s action was forwarded to the Judge Advocate General of the Navy. However, that court further held that the action did not sufficiently state the supervisory authority’s reason for his disagreement with the recommendations of the staff judge advocate. I disagree.

The…