United States v. Hurd

Opinion of the Court

PERRY, Judge:

The appellant was convicted by a special court-martial of larceny, in violation of Ar-*19tide 121, Uniform Code of Military Justice, 10 U.S.C. § 921. He was sentenced to a bad-conduct discharge and reduction to the lowest enlisted grade. The convening authority approved the findings and the sentence, but he suspended the bad-conduct discharge for a period of 6 months, with provision for automatic remission. The United States Army Court of Military Review has affirmed.

Shortly before the period of suspension was to expire, a proceeding to vacate the suspension…