United States v. Roach

I agree with the results reached by Judge Barry that the order not to drink was illegal, however I reach this result without consideration of the fact that the accused was a diagnosed alcoholic; the existing Coast Guard policies concerning the disposition of members who are alcoholics; or the command’s treatment of the accused in relation to his disease. In my view, the order given in this case simply did not have sufficient nexus to any military duty to be valid, despite the statements made by the accused during the providency inquiry and the admittedly speculative rationale of the dissent.

Al…