United States v. McGary

I agree with the majority that the multiplicity issue was waived. I differ, however, as to the admissibility of the record of previous nonjudieial punishment.

Although Army Regulation 27-10 is not exactly a paragon of precision in the matter, I conclude that it requires the judge advocate who acted on an appeal from punishment imposed under Article 15 of the Code to make an entry in Block 8 of DA Form 2627. This, I believe was the position taken by the Court of Military Appeals in United States v. Guerrero, 10 M.J. 52 (C.M.A.1980), as well as by Chief Judge Everett in United States v. Mack, 9…