United States v. Couser

OPINION OF THE COURT

DeFORD, Judge:

The appellant, a trainee, was given an order by his battalion commander to resume training with his company. He disobeyed this order which consequently resulted in his conviction by a special court-martial of a violation of Article 90, Uniform Code of Military Justice (UCMJ) (10 U.S.C. § 890).

Upon appeal, appellant alleges that the order he was given by his battalion commander was not a lawful order. We disagree and affirm.

The appellant’s assignment of error is bottomed upon the decision of United States v. Bratcher.1 In Bratcher, the United States Court of…