United States v. Holt

OPINION OF THE COURT

GRUNICK, Judge:

Following his conviction, appellant submitted clemency matters to the convening authority, pursuant to R.C.M. 1105 and 1106. An “Addendum to SJA Recommendation” was submitted to the convening authority as a result of appellant’s submissions. The addendum was signed by the trial counsel, Lieutenant Colonel C, in his role as acting staff judge advocate. We find that trial counsel was disqualified to advise the convening authority and we set aside the convening authority’s action. Article 6(c), UCMJ, 10 U.S.C. § 806(c) (1988), and R.C.M. 1106(b).

The allied…