United States v. Martin

OPINION OF THE COURT

DRIBBEN, Judge:

Appellant was convicted by a general court-martial of four specifications involving wrongful possession and sale of heroin, alleged as violations of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934.

Appellant challenges his conviction asserting that the offenses lacked “service connection” and thus, under the principle set forth in O’Callahan v. Parker, 395 U.S. 258, 89 S.Ct. 1683, 23 L.Ed.2d 291 (1969), the court-martial did not have jurisdiction to proceed. We disagree.

The record of trial reveals that on 3 September 1975, Private Thornhill, a…