United States v. Gilbert

Chief Judge COX

delivered the opinion of the Court.

I

This is a companion case to United States v. Acevedo, 50 MJ 169 (1999), also decided this day. As in Fireman Acevedo’s case, we granted two issues for review here: Whether, under the terms of the pretrial agreement, the convening authority was required to suspend appellant Gilbert’s bad-conduct discharge; and whether the evenly split decision of the Court of Criminal Appeals constituted an affirmance of the bad-conduct discharge. 49 MJ 132 (1998); see 46 MJ 830 (1997). As in Acevedo’s case, we now affirm.1

II

Appellant Gilbert’s trial occurred…