United States v. Keller

OPINION OF THE COURT

Fletcher, Chief Judge:

We granted review to determine whether the convening authority’s failure to set forth his reasons for taking an action which differed from that recommended by his staff judge advocate requires remedial action. At issue is the meaning of paragraph 85c, Manual for Courts-Martial, United States, 1969 (Rev.), which provides:

Ordinarily, the convening authority should accept the opinion of his staff judge advocate or legal officer as to the effect of any error or irregularity respecting the proceedings, as to the adequacy of the evidence, and as to what…