United States v. Williams

DECISION ON FURTHER REVIEW

COOK, Senior Judge:

Our earlier decision in this case, dated 23 July 1975, was vacated by the United States Court of Military Appeals and returned to us on 10 February 1976 with directions to hold the case in abeyance pending a decision in United States v. McCarthy, 2 M.J. 26 (24 September 1976).

In McCarthy, the Court stated that an ad hoc approach, using the 12 Relford1 criteria, be employed in each case to determine if there is sufficient “service connection” to permit alleged offenses to be tried by court-martial.2 It is now our duty to test the facts in appellant…