
    UNITED STATES, Appellee v JOSEPH J. McANDREWS, Private, U. S. Army, Appellant
    14 USCMA 327, 34 CMR 107
    
      No. 17,220
    December 20, 1963
    
      Colonel Joseph L. Chalk, Captain Ronald L. Gainer, and First Lieutenant E. Pomeroy Williams were on the brief for Appellant, Accused.
    
      Colonel Bruce C. Babbitt, Lieutenant Colonel Francis M. Cooper, and First Lieutenant Barrie G. Sullivan, II, were on the brief for Appellee, United States.
   Opinion of the Court

PER CURIAM:

The accused was convicted of intentionally inflicting grievous bodily harm upon a fellow soldier, in violation of Article 128, Uniform Code of Military Justice, 10 USC § 928. At the time of the offense, and at trial, he was seventeen years of age. In United States v Baker, 14 USCMA 311, 34 CMR 91, we held that, notwithstanding the provisions of the Federal Juvenile Delinquency Act, 18 USC § 5031, military personnel of the accused’s age are subject to trial and conviction by court-martial for offenses in violation of the Uniform Code.

The decision of the board of review is affirmed.  