United States v. Larson

(dissenting) :

I dissent.

In United States v Phifer, 18 USCMA 508, 510, 40 CMR 220 (1969), this Court unanimously declared:

“. . (W)e are bound by purely factual determinations of the board of review (United States v Judd, 10 USCMA 113, 27 CMR 187 [1959]; United States v Remele, 13 USCMA 617, 33 CMR 149 [1963]), unless such conclusions are arbitrary and capricious, so as to amount to an abuse of discretion (United States v Wheatley, 10 USCMA 537, 28 CMR 103 [1959]). . . .’(United States v Baldwin, 17 USCMA 72, 77, 37 CMR 336 [1967].) (Emphasis supplied.)”

See also United States v Smith, 17 USCMA…