United States v. Tubbs

Opinion of the Court

Robert E. Quinn, Chief Judge:

This accused was convicted by general court-martial in Korea of misbehavior before the enemy in violation of Article 99 of the Uniform Code of MUi-*589tary Justice, 50 USC § 693. The specification alleged that he was guilty of misbehavior by cowardly conduct in the presence of the enemy in that he refused to join his company which was moving forward to occupy an outpost position. The accused was sentenced to a dishonorable discharge, total forfeiture of pay and allowances, and confinement for five years. Army reviewing authorities have upheld the…