
    UNITED STATES, Appellee v JAMES A. STATON, Jr., Private, U. S. Army, Appellant
    17 USCMA 238, 38 CMR 36
    No. 20,315
    August 25, 1967
    
      Colonel Daniel T. Ghent, Captain Stephen Arinson, and Captain Paul V. Melodía were on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel David Rarick, Major John F. Webb, Jr., and Captain William R. Steinmetz were on the pleadings for Appellee, United States.
   Opinion of the Court

PER Curiam:

This action involves the same question raised in United States v DuBay, 17 USCMA 147, 37 CMR 411. Pursuant to the holding in that case, the petition for review is granted; the decision of the board of review is reversed; and the record of trial is returned to the Judge Advocate General of the Army. The procedures outlined in DuBay should be followed.  