United States v. West

BARR, Judge:

Appellant, citing United States v. Shelwood, 15 M.J. 222 (C.M.A.1983) as authority, contends now, as he has at every stage of the trial and review process, that Prosecution Exhibit 3, a NAVPERS 1070/607, which records the imposition of a nonjudicial punishment received on 25 April 1983, was inadmissible as evidence offered in aggravation pursuant to Paragraph 75b (2), Manual for Courts-Martial, 1969 (Rev.) (MCM). Paragraph 75b(2), MCM authorizes, where otherwise relevant and admissible under the Military Rules of Evidence (Mil.R.Evid.), the presentation to, and consideration by,…