United States v. Braxton

Opinion of the Court

Among other offenses, the accused was convicted by a special court-martial of willful disobedience of a lawful order (specification of Charge II), in violation of Article 91, Uniform Code of Military Justice, 10 USC § 891. In the post-trial advice, the staff legal officer recommended to the general court-martial authority that Charge II and its specification be dismissed and the sentence reassessed, with provision for suspension and automatic remission of the punitive discharge. Without separate indication of his reasons, the convening authority reassessed the sentence,…