
    UNITED STATES, Appellee v HENRY L. GASTON, Private, U. S. Army, Appellant
    16 USCMA 626, 37 CMR 246
    No. 19,949
    April 21, 1967
    
      Colonel Daniel T. Ghent, Lieutenant Colonel Martin S. Drucker, and Major David J. Passamaneclc were on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel David Rarick and Captain Salvatore A. Romano were on the pleadings for Appellee, United States.
   Opinion of the Court

Per Curiam :

A general court-martial in Vietnam convicted the accused of misbehavior before the enemy. The findings of guilty were disapproved by the board of review, which affirmed a finding of guilty of unauthorized absence. The accused appealed to this Court for further review, contending he was prejudiced by an instruction on the credibility of witnesses. We condemned a like instruction in United States v Robbins, 16 USCMA 474, 37 CMR 94.

The decision of the board of review is reversed and the finding of guilty and the sentence are set aside. A rehearing may be ordered.  