United States v. Harris

OPINION OF THE COURT

THORNOCK, Judge:

The appellant, a senior noncommissioned officer, was tried and convicted by a court with members of disobedience of an order of his superior commissioned officer in violation of Article 90, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 890. He was sentenced to a bad-conduct discharge and reduction to the grade of Private (E-l).

On appeal the appellant urges three errors for our consideration: (1) that the military judge erred by failing to instruct sua sponte on uncharged misconduct; (2) that the military judge erred in his sua sponte *759instruction…