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United States Court of Appeals For The Armed Forces, 2012

United States v. Bauer

United States v. Bauer
United States Court of Appeals For The Armed Forces · Decided April 25, 2012
71 M.J. 307; 2012 CAAF LEXIS 509
United States v. Bauer

Opinion of the Court

CCA 201100515. On consideration of the petition for grant of review of the decision of the United States Navy-Marine Corps Court of Criminal Appeals, it is ordered that said petition is hereby granted, and the decision of the United States Navy-Marine Corps Court of Criminal Appeals is affirmed.* [See also ORDERS GRANTING PETITION FOR REVIEW this date.]

It is directed that the promulgating order be corrected to accurately reflect that Specification 4 of Charge III was dismissed by the military judge as multiplicious with Specification 5. Also, to the extent *308that the convening authority’s action purported to execute the bad-conduct discharge, it was a nullity. See United States v. Bailey, 68 M.J. 409 (C.A.A.F. 2009).

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