United States v. Miner

Judge STEWART

(dissenting):

I respectfully dissent.

The key to this case is Air Force Regulation 35-54,15 September 1981, as amended, which is entitled Rank, Precedence, and Command. This regulation sets forth the Air Force’s internal rules as to who is in command of a unit, how appointment to command may be made, how assumption of command may be accomplished, and how regularly assigned commanders, who were temporarily divested of command, may be revested with command. Who is in command, and thus a court-martial convening authority, at any given point in time will be determined by application of…