United States v. Battle

DECISION

LEWIS, Senior Judge:

We turn our attention once more to the issue of proper identification of the ultimate offense as it relates to the failure to obey an order. We have been unsuccessful in our attempts to resolve this issue in two recent cases. United States v. Caton, 23 M.J. 691 (A.F.C.M.R.1986), rev’d in pertinent part, 25 M.J. 223 (C.M.A.1987) (summary disposition); United States v. Peaches, 25 M.J. 364 (C.M.A.1987), reversing a memorandum opinion of this Court. Our problem in the past, we believe, is attributable in part to what we perceive as a lack of uniformity in military…