United States v. Kelsey

OPINION OF THE COURT

HANFT, Judge:

Kelsey was convicted of two specifications of assault with a dangerous weapon and one specification of assault and battery, all occurring at Wuerzberg, Germany, in violation of Article 128, Uniform Code of Military Justice, 10 U.S.C. § 928 (1976). Between the date of the offenses and the date of trial, the victim of one of the aggravated assaults, Specialist Four Mahoney, completed his service commitment. He was discharged from the Army, returned to his home in Massachusetts, and declined to accept invitational travel orders to return to Germany for Kelsey’s…