United States v. Walker

OPINION OF THE COURT

CARTER, Judge:

A military judge sitting as a general court-martial convicted appellant, pursuant to his pleas, of aggravated assault in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 [hereinafter UCMJ]. The adjudged sentence was a dismissal, confinement for three months, and forfeiture of all pay. Appellant, a Regular Army warrant officer, asserted in his Rule for Courts-Martial [hereinafter R.C.M.] 1105 matters, that his punishment of dismissal constituted legal error because he was not a commissioned warrant officer.* Subsequently, on the…