United States v. Kelly

OPINION OF THE COURT

JOHNSTON, Judge:

A general court-martial composed of officer and enlisted members convicted the appellant, contrary to his pleas, of rape and unlawful entry, in violation of Articles 120 and 134, Uniform Code of Military Justice [hereinafter UCMJ], 10 U.S.C. §§ 920 and 934 (1982). The appellant was sentenced to a bad-conduct discharge, total forfeiture of all pay and allowances, and reduction to Private El. The convening authority approved only so much of the forfeitures as provides for forfeiture of $482.00 pay per month for six months, and otherwise approved the sentence.

A…