United States v. Ortiz

Opinion of the Court

FERGUSON, Judge:

The United States seeks reconsideration of our decision in this case, the original opinion in which may be found at 15 USCMA 505, 36 CMR 3. There, we held the Commanding Officer, 2d Bridge Company, Force Troops, Fleet Marine Force, Atlantic, did not possess the inherent authority under Uniform Code of Military Justice, Article 23, 10 USC § 823, to appoint a special court-martial, nor had the Secretary of the Navy authorized him, either specifically or generically, to do so, although we expressly noted we did not doubt the Secretarial authority so to act,…