United States v. Plant

RYAN, Judge,

with whom BAKER, Chief Judge, joins (dissenting):

The majority holds that the Government’s chosen charging language limits this Court to considering “ ‘alcohol use alone’ ” in the strictest sense, separating Appellant’s alcohol use from the circumstances under which he used alcohol and his behavior under the influence of alcohol. United States v. Plant, 74 M.J. 297, 299 (2015). However, the act of consuming alcohol and the circumstances of consumption cannot be so neatly disaggregated, nor is there legal authority or any other reason compelling us to do so.

This Court reviews…