United States v. Melnick

DECISION

Consistent with his pleas, the accused was convicted of robbery, burglary and possession of marijuana in violation of Articles 122, 129 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 922, 929, 934.

We hold the review of the staff judge advocate to be prejudicially erroneous and return the record of trial for a new review and action. Appellate defense and government counsel both concur in requesting this relief.

In this case, a formal clemency evaluation was conducted after trial. This evaluation clearly indicates that the accused was a volunteer for the rehabilitation program…