United States v. Pearson

Opinion of the Court

Quinn, Chief Judge:

The accused contends enlisted personnel below the senior noncommis-sioned ranks were arbitrarily excluded from consideration for membership on courts-martial. The evidence shows that in submitting requests for prospective enlisted court members, the staff judge advocate asked only for persons in a grade senior to that of the accused. That limitation is authorized by Article 25 of the Uniform Code of Military Justice, 10 USC § 825. The affidavits of the persons who participated in the selection process indicate their only purpose in choosing their…