
    UNITED STATES, Appellee v PHILLIP J. DILLARD, Private, U. S. Army, Appellant
    20 USCMA 57, 42 CMR 249
    No. 22,944
    August 21, 1970
    
      Colonel Daniel T. Ghent, Captain Howard L. Kaplus, and Captain Stewart Pettet Davis were on the pleadings for Appellant, Accused.
    
      Colonel David T. Bryant, Major Edwin P. Wasinger, and Captain Charles T. Frew were on the pleadings for Appellee, United States.
   Opinion of the Court

DARDEN, Judge:

In December 1969 this appellant was tried and convicted by a general court-martial at Fort Riley, Kansas, for various offenses, all committed during the months of September and October 1969. After findings, evidence of Article 15 punishment was admitted as Prosecution Exhibits 3 and 4. Dillard’s Enlisted Qualification Record (DA Form 20) was introduced in evidence as Prosecution Exhibit 5. A question now arises as to the admissibility of these exhibits.

Use of such evidence is permitted under the provisions of paragraph 75d, Manual for Courts-Martial, United States, 1969 (Revised edition), effective August 1, 1969. Accordingly, in this case Prosecution Exhibits 3, 4 and 5 were admissible. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970); United States v Wheat, 19 USCMA 491, 42 CMR 93 (1970); United States v Derrell D. Smith, 19 USCMA 491, 42 CMR 93 (1970); and United States v Montgomery, 20 USCMA 35, 42 CMR 227 (1970).

The decision of the Court of Military Review is affirmed.

Chief Judge Quinn concurs.

FERGUSON, Judge

(concurring):

I concur because this has become the law of this Court. See my dissent in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).  