United States v. Johnson

OPINION OF THE COURT ON FURTHER REVIEW

JOHNSTON, Judge:

Contrary to his pleas, the appellant was convicted by a military judge sitting as a general court-martial of missing movement through design and willful disobedience of a superior commissioned officer in violation of Articles 87 and 90, Uniform Code of Military Justice, 10 U.S.C. §§ 887 and 890 (1988) [hereinafter UCMJ].1 The convening authority approved the sentence of no punishment.

The issue in this case is whether a soldier who claims conscientious objection and is prevented by his military superiors from submitting a conscientious…