United States v. Miller

OPINION OF THE COURT

RIVES, Judge:

This fraternization case was correctly charged and adequately prosecuted; however, because the members were not properly instructed, we must reverse appellant’s conviction.

The appellant, Second Lieutenant Dwayne H. Miller, was tried by a general court-martial composed of officer members. Contrary to his pleas, he was convicted of wrongfully engaging in sexual intercourse and oral sodomy with an airman “assigned to the same unit, same flight, and under [his] supervision,” in violation of Article 133, UCMJ, 10 U.S.C. § 933. His adjudged sentence to a dismissal…