United States v. Parker

OPINION OF THE COURT

Duncan, Judge:

In the case at bar, the commanding officer, Captain Richards, acting in compliance with paragraph 32, Manual for Courts-Martial, United States, 1969 (Revised edition), forwarded the court-martial charges and allied papers to the next higher command with the recommendation that Parker be tried by general court-martial, but that he not be eliminated from the service. The staff judge advocate, in his pretrial advice, informed the convening authority, Major General Burnett, of this recommendation. However, the staff judge advocate did not include this advice in…