United States v. Gwaltney

I concur in part and dissent in part.

I cannot agree that, by labeling an issue of law as a question of fact, this Court’s jurisdiction to correct errors of the Court of Military Review may be defeated. That is precisely what has occurred here, and I would reverse the Court of Military Review for that reason. As it, however, acting within its jurisdiction, has obviously found the sentence inappropriate, I would affirm only so much of its action on the record as sets aside the punishment.

On August 29, 1969, the accused was charged with absence without leave, in violation of Article 86, Uniform…