United States v. Cuffee

I concur with the majority opinion save that portion concerning Charge I and its specification. I find the majority’s view of United States v. Verdi, 5 M.J. 330 (C.M.A.1978), to be overbroad and I would limit that opinion to its specific facts.

The regulation under consideration in Verdi prohibited the wearing of wigs or hairpieces “while on duty or in uniform except for cosmetic reasons to cover natural baldness or physical disfiguration.” It is clearly stated in the Court’s opinion that where exceptions are contained within a criminal statute or regulation, the jury must be instructed that…