United States v. Barnum

OPINION OF THE COURT

RABY, Senior Judge:

Appellant asserts that he is entitled to a total of 138 days of administrative credit, because he was placed on 69 days of restriction tantamount to confinement.1 A close examination of the circumstances surrounding appellant’s restraint reveals that he was placed in a modified form of restriction to the company area and although some attributes of his restriction were severe,2 appellant’s pretrial restraint, when measured using the test formulated in United States v. Smith, 20 M.J. 528 (A.C.M.R.), petition denied, 21 M.J. 169 (C.M.A.1985), does not…