United States v. Whelehan

DECISION

MILES, Judge:

Due to the accused’s misunderstanding as to the possible relevance of intoxication as a defense, we hold the military judge erred in accepting accused’s plea of guilty to the offense of willful damage to military property without further inquiry. We affirm findings of guilty to the lesser included offense of damaging military property, through neglect, and reassess the sentence.

Consistent with his pleas, the accused was convicted of violation of a general regulation, willful damage to military property and drunk and disorderly in station, violations of Articles 92, 108…