United States v. McCarthy

DECISION

Airman McCarthy “thought one time wouldn’t hurt” and used and distributed marijuana, in violation of Article 112a, UCMJ, 10 U.S.C. § 912a. His sentence is a bad conduct discharge, forfeiture of $400.00, confinement for 50 days, and reduction to airman basic.

In our examination of the record of trial, we noted that the special court-martial convening authority sought in his initial action to approve and order executed that part of the sentence extending to a bad conduct discharge. Such initial action was erroneous and without authority. Article 71(c)(1), UCMJ, 10 U.S.C. § 871(c)(1);…