United States v. Burl

Opinion of the Court

Article 15 records on DA Form 2627 were received into evidence by the military judge during the presentencing phase of the appellant’s court-martial. We must now determine whether those exhibits were properly admitted into evidence for sentencing purposes.

Of the two exhibits challenged, we observe that prosecution exhibit 7 is incomplete on its face since the appellate action section was left blank, even though action was required since the exhibit indicates that the appellant appealed his nonjudicial punishment. Thus, United States v. Mack, 9 M.J. 300 (C.M.A.1980), is…