United States v. Court

DECISION UPON FURTHER REVIEW

MICHALSKI, Judge:

The appellant was initially tried by a general court-martial with members. He was charged with committing an indecent assault on BC, in violation of Article 134, U.C.M.J., 10 U.S.C. § 934, attempted rape of BC, in violation of Article 80, U.C.M.J., 10 U.S.C. § 880, (Charge II), and specifications alleging indecent assault and attempted rape under Article 133, U.C.M.J., 10 U.S.C. § 933, as conduct unbecoming an officer and a gentleman (Additional Charge). Contrary to his pleas, he was found guilty of the two indecent assault specifications, and, by…