United States v. Remele

The board of review dismissed specifications 2 and 3 on the ground the evidence relating to those specifications bore a marked similarity to “the factual situation in United States v Groom . . . [12 USCMA 11, 30 CMR 11], where the Court of Military Appeals held that such evidence was insufficient in law” to establish dishonorable conduct on the part of the accused. (Emphasis supplied.) The comparison seems to indicate that the board of review dismissed these specifications because the evidence was insufficient in law to support them. However, the majority’s answer to the other certified…