United States v. Upton

DECISION

HERMAN, Senior Judge:

We hold that an omission in a letter recommending the substitution of a member of a court-martial is insufficient by itself to cast doubt upon the presumption of regularity accorded to the issuance of a court-martial order, when first presented at this stage of the case. We also find that the omission of the trial judge of the element of value in his instructions on findings was non-prejudicial error; nor was he required, sua sponte, to instruct the members respecting forms of punishment less severe than the maximum permissible. Finally, we hold that a portion of…