United States v. Smith

OPINION OF THE COURT

MITCHELL, Judge:

The accused was convicted by a special court-martial of missing movement, disrespect to a commissioned officer, disobedience of a lawful order, and feigning injury to avoid duty, in violation of Articles 87, 89, 90 and 115, Uniform Code of Military Justice, 10 U.S.C. §§ 887, 889, 890 and 915, respectively. He was sentenced to a bad-conduct discharge, forfeiture of $240.00 pay per month for six months, confinement at hard labor for four months, and reduction to the lowest enlisted grade. The approved sentence is set forth above.

As he did at trial, appellant…