United States v. Holmes

OPINION OF THE COURT

HAGAN, Judge:

A military judge sitting as a general court-martial convicted the appellant, contrary to his pleas, of one specification of wrongful fraternization with an enlisted soldier, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934 (1982). The convening authority approved the adjudged sentence of dismissal. The appellant now asserts that the staff judge advocate erred by mentioning new matter in the post-trial recommendation.

At trial, Private First Class (PFC) "Y,” the subordinate with whom the appellant was accused of having a sexual…