United States v. Kochan

STRICKLAND, Judge:

Appellant alleges, and the government concedes, that his plea of guilty to an Article 90, Uniform Code of Military Justice (UCMJ), 10 U.S.C.A. § 890, order violation is improvident because the order given to him by his executive officer not to consume alcoholic beverages while under the age of 21 was unlawful.

The Executive Officer of the Naval Air Station, Barbers Point, Hawaii, issued the order in question following an alcohol related incident of misconduct on the part of appellant. In fact, all of appellant’s prior disciplinary problems had been connected to alcohol and…