United States v. Avery

Opinion of the Court

COX, Judge:

1. In October 1991, the accused was tried by a general court-martial composed of a military judge sitting alone, at Carswell Air Force Base, Texas. He was charged with using cocaine on or about April 10 and 16, 1991, in violation of Article 112a, Uniform Code of Military Justice, 10 USC § 912a. After arraignment, defense counsel made a motion to dismiss the charge on two grounds: First, the defense contended that the accused had self-identified under Air Force Regulation (AFR) 30-2 (19 Aug 1988)1 and was, therefore, protected from prosecution under the Uniform…