United States v. Whitner

Judge SULLIVAN

delivered the opinion of the Court.

During the Spring of 1995, appellant, an E-5, was tried by a general court-martial composed of officer and enlisted members at Fort Irwin, California. Contrary to his pleas, he was found guilty of “consensual” sodomy1 and committing indecent acts with another soldier, an E-3, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934, respectively. On June 15,1995, he was sentenced to a bad-conduct discharge, total forfeitures, and reduction of E-l. On November 30, 1995, the convening authority approved the…