United States v. Miner

DECISION

FORAY, Senior Judge:

Appellant is attacking the jurisdiction of the special court-martial which tried and convicted him1 by assigning the following error for our resolution:

WHETHER COLONEL [W] WAS NOT THE COMMANDER OF THE 92ND COMBAT SUPPORT GROUP, AND COULD NOT THEREFORE, TAKE ANY ACTION AS THE SPECIAL COURT-MARTIAL CONVENING AUTHORITY, AFTER 26 JANUARY 1986.

The facts necessary to the understanding of the assigned error are brief. Colonel W had assumed command of the 92nd Combat Support Group (hereinafter, the Group) on 9 August 1985. During the period from 26 through 31 January 1986,…