
    UNITED STATES, Appellee v DAVID H. MOFFETT, Hospitalman Third Class, U. S. Navy, Appellant
    16 USCMA 189, 36 CMR 345
    No. 19,129
    April 8, 1966
    
      Captain L. G. Bohlen, USMC, argued the cause for Appellant, Accused.
    
      Colonel J. E. Hanthorn, USMC, argued the cause for Appellee, United States. Lieutenant JeanE. Van Slate, USNR, was on the pleadings for Appellee, United States.
   Opinion of the Court

FERGUSON, Judge:

This case involves precisely the same issue as United States v Kugima, 16 USCMA 183, 36 CMR 339, this day decided: Whether Colonel Andrew I. Lyman was authorized to act as the Commanding Officer, Third Marine Division, and thus appoint the general court-martial which tried and sentenced the accused. For the reasons set forth in United States v Kugima, supra, we find that he occupied the stated capacity during the period in question.

The decision of the board of review is affirmed.

Chief Judge Quinn and Judge Kil-day concur.  