
    UNITED STATES, Appellee v MARVIN J. MARTIN, Jr., Private, U. S. Army, Appellant
    16 USCMA 125, 36 CMR 281
    No. 18,989
    March 11, 1966
    
      Colonel Joseph L. Chalk, Lieutenant Colonel Martin S. Drucker, and Captain Francis R. Jones were on the brief for Appellant, Accused.
    
      Lieutenant Colonel Francis M. Cooper and Captain John D. Jackson were on the brief for Appellee, United States.
   Opinion of the Court

Quinn, Chief Judge:

The issues presented on the appeal are the same as those considered in United States v Albert, 16 USCMA 111, 36 CMR 267. For the reasons set out in our opinion in that case, the decision of the board of review is affirmed.

Judge Kilday concurs.

Ferguson, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Albert, 16 USCMA 111, 36 CMR 267, this day decided.  