United States v. Johnson

Chief Judge DREW delivered the opinion of the court, in which Senior Judge J. BROWN and Judge MINK joined.

PUBLISHED OPINION OF THE COURT

DREW, Chief Judge:

The United States brings this appeal under Article 62, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 862, asserting that the military judge erred by abating the proceedings until the Secretary of the Ah' Force or her designee either denied or approved Appellee’s waiver request allowing him to apply for retirement while pending court-martial charges, after completing 19 years but less than 20 years of active duty service.1 We exercise…