
    UNITED STATES, Appellee v WENDELL ANDERSON, Lance Corporal, U. S. Marine Corps, Appellant
    18 USCMA 18, 39 CMR 18
    No. 21,044
    November 15, 1968
    
      Frank J. McGee, Jr., Esquire, Captain Peter B. Work, USMC, and Lieutenant Clinton F. Raymond, JAGC, USNR, were on the pleadings for Appellant, Accused.
    
      Captain John J. Kelly, Jr., USMCR, was on the pleadings for Appellee, United States.
   Opinion of the Court

Per Curiam :

The decision of the board of review as to specification 3 of Charge II is reversed. United States v Tassos, 18 USCMA 12, 39 CMR 12, this day decided. The findings of guilty as to specification 3 of Charge II are set aside and the Charge is ordered dismissed. The record of trial is returned to the Judge Advocate General of the Navy for submission to the board of review for reconsideration of the sentence on the basis of the remaining findings of guilty.  