Legal Opinion

United States v. Martinez

United States Court of Military Appeals

Decided April 3, 1989No. 58,332; ACM 25681Published

1Opinion of the Court

Opinion of the Court

COX, Judge:

Appellant was admittedly addicted to cocaine. In May 1986, he absented himself without authority. While absent on May 11, he called Senior Airman Foster, a friend and coworker, to get advice on how to turn himself in for drug rehabilitation treatment. Foster suggested he get advice from the area defense counsel. Martinez then called his NCOIC, Senior Master Sergeant Newberry, and sought his advice. Newberry advised him to go to the Social Actions Office instead. Newberry next reported this conversation to Senior Master Sergeant Brewer, appellant’s first sergeant.

2Cases cited5 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. United States v. DavenportUnited States Court of Military Appeals · 1980
  3. United States v. WhiteUnited States Court of Military Appeals · 1988
  4. United States v. CraytonU S Air Force Court of Military Review · 1984
  5. United States v. WakinU S Air Force Court of Military Review · 1988

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