United States v. Struckman

Opinion of the Court

As a result of rejecting proposed nonjudicial punishment for a seven-day unauthorized absence, the accused was called to the squadron office to confer with the commanding officer. The conference ended when the accused struck the commander in the face. The incident led to a charge against the accused of assault upon a superior commissioned officer in the execution of his office, in violation of Article 90, Uniform Code of Military Justice, 10 USC § 890.

The case was tried before a military judge sitting without court members. After he convicted and sentenced the accused for…