United States v. Pompey

I would affirm both the findings and the sentence.

I. The Inspection

I agree with the Chief Judge on his disposition of the nomenclature controversy about the urinalysis: The result depends on which label we give to the urinalysis, not on the labels used mistakenly by the various laymen who executed it. I look to their acts and to their intent and then categorize the urinalysis as an inspection of the unit under Mil.R.Evid. 313.

II. Rehabilitation Potential & Rebuttal

I also agree with the Chief Judge’s reasoning on Major Rhye’s testimony that “I would not” [desire to have Airman Pompey return to…