United States v. Nowling

I dissent.

The interpretation of Article 31 has been a source of considerable difficulty to those administering military law and this case answers wrongly the critical problem of how to balance the right of the military services to grant privileges to their personnel and at the same time retain some control over those who abuse the favor. If a pass is the evidence which permits one on active duty to establish his privilege to liberty from his unit, those charged with the responsibility of maintaining law and order should possess the authority to require him to produce his credentials. For many…