
    UNITED STATES, Appellee v DERRELL D. SMITH, Private First Class, U. S. Army, Appellant
    19 USCMA 491, 42 CMR 93
    
      No. 22,878
    June 5, 1970
    
      Colonel Daniel T. Ghent, Captain Bernard J. Casey, and Captain Libero Marinetti, Jr., were on the pleadings for Appellant, Accused.
    
      Colonel David T. Bryant, Major Edwin P. Wasinger, Captain William R. Steinmetz, and Captain M. M. O’Dowd, Jr., were on the pleadings for Appellee, United States.
   Opinion of the Court

DARDEN, Judge:

Evidence of an Article 15 disciplinary action for failing to obey an order to get a haircut was admissible against the appellant following his conviction for two aggravated assaults and carrying a concealed weapon, offenses occurring after August 1, 1969. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970); United States v Wheat, 19 USCMA 491, 42 CMR 93 (1970). Accordingly, the decision of the Court of Military Review is affirmed.

Chief Judge Quinn concurs.

Ferguson, Judge

(dissenting):

I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).  