United States v. Brevard

Judge EFFRON

delivered the opinion of the Court.

Charges against Appellant have been referred to two separate coürts-martial. The first court-martial, which has been abated, involves charges that Appellant committed a variety of offenses against persons, property, and military authority. The second court-martial, which is the subject of the present appeal, involves a separate charge of fraudulent separation, in violation of Article 83, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. § 883 (2002). The military judge at Appellant’s second court-martial dismissed the charge of…