United States v. Foy

DECISION

LEONARD, Judge:

When we received this case there was no indication in the staff judge advocate’s recommendation, action of the convening authority, or the allied papers that the convening authority, before taking his action, had considered the Petition for Clemency submitted by the appellant. See United States v. Craig, 28 M.J. 321 (C.M.A.1989).

We ordered the Government to show cause why the action of the convening authority was not premature. In response thereto, the Government has submitted an affidavit of the staff judge advocate stating that he personally gave all the defense…