
    UNITED STATES, Appellee v DONALD A. WOOD, Private First Class, U. S. Army, Appellant
    17 USCMA 257, 38 CMR 55
    
      No. 20,492
    November 3, 1967
    
      Colonel Daniel T. Ghent, Captain Dennis R. Hunt, and Captain Kenneth J. Stuart were on the pleadings for Appellant, Accused.
    
      Lieutenant Colonel David Rariek, Major John F. Webb, Jr., and Captain Harvey L. Anderson were on the pleadings for Appellee, United States.
   Opinion of the Court

Ferguson, Judge:

At the accused’s trial, his statement was admitted into evidence despite the fact the proof demonstrated he was not advised by his interrogator that he was entitled to appointed military counsel. This was prejudicial error. United States v Tempia, 16 USCMA 629, 37 CMR 249; United States v Pearson, 17 USCMA 204, 37 CMR 468. In addition to the foregoing, the Government concedes the law officer’s instructions regarding the effect of his ruling admitting the statement in evidence were erroneous in that they permitted the fact finders to infer volun-tariness from that ruling alone. Thus, the statement was not only inadmissible in itself but the instructions regarding the manner in which it was obtained were likewise prejudicial. Reversal, therefore, is required on both grounds. United States v Tempia, supra.

The decision of the board of review is reversed, and the record of trial is returned to the Judge Advocate General of the Army. A rehearing may be ordered.

Chief Judge QUINN and Judge Kil-DAY concur.  