United States v. Fjermestad

Opinion of the Court

Ferguson, Judge:

The issue in this ease is whether the president of the special court-martial which tried the accused erred prej-udicially in failing to note that the inclusion of a bad-conduct discharge in the sentence was possible only because “the authorized confinement without substitution for such offenses is six months or more.” Manual for Courts-Martial, United States, 1951, paragraph 127c, section B. Our decision in United States v Yocom, 17 USCMA 270, 38 CMR 68, this day decided, governs the question.

The decision of the board of review is reversed, and the record…