United States v. Regan

Two of the appellant’s assignments of error focus upon a specification laid under Article 134, Uniform Code of Military Justice. As amended, it alleged in pertinent part that “[the appellant] ... threw butter on the ceiling in The Dining Facility of the 307th Engineer Battalion. This being conduct which is prejudicial to the good order and discipline of the Armed Forces and service discrediting.” Prior to its amendment on the motion of the prosecution, the specification included language that alleged disorderly conduct by throwing butter.

I disagree with the majority’s opinion that the final…