United States v. Burch

Judge RYAN

delivered the opinion of the Court.

The sole point of dispute between the parties in this case is whether Appellant was prejudiced by serving 223 days in confinement, when that period of confinement was suspended by the convening authority in a facially complete and final action issued in accordance with Rule for Courts-Martial (R.C.M.) 1107(f). 1 We hold that where a clear and unambiguous action is the convening authority’s last action delimiting the period of confinement to be served, an accused is prejudiced by being confined for a period in excess of the authorized sentence. The…