Stirewalt v. Pluta

I concur with all but that portion of the decision that finds no prejudice from violations of Article 6(e), UCMJ, and RCM 405(d)(1). Article 6(e) provides as follows: “No person who has acted as ... investigating officer in any case may later act as a staff judge advocate or legal officer to any reviewing authority upon the same case.” RCM 405(d)(1) goes even farther by stating that, “The investigating officer is disqualified to act later in the same case in any other capacity.” That the Article 32, UCMJ investigating officer in this case violated both of these provisions is clear to me from…