United States v. Carbo

OPINION OF THE COURT ON FURTHER REVIEW

GRAVELLE, Judge:

Contrary to his pleas, the appellant was convicted by a general court-martial of four specifications of false swearing, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1982) [hereinafter UCMJ], His sentence to a dishonorable discharge was approved by the convening authority.

On 23 September 1992, this court found that it was unable to determine from the record whether the appellant was a commissioned or noncommissioned warrant officer at the time of trial, such status being crucial in determining if a…