United States Court of Military Appeals, 1980

United States v. Blair

United States v. Blair
United States Court of Military Appeals · Decided November 24, 1980
10 M.J. 54; 1980 CMA LEXIS 9776
United States v. Blair

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Opinion of the Court

Opinion of the Court

PER CURIAM:

We granted review of this case to determine whether prosecution exhibit 3-DA Form 2627-was properly admitted into evidence by the military judge. We notice that the commander did not complete block 8 of the form which states: “You are advised of your right to appeal this punishment within_days to_, the next superior authority.” However, just beneath this block the accused signed and dated a block indicating that he did not wish to appeal. Under these circumstances the failure to complete block 8 is not sufficient to require exclusion of the exhibit. Cf. United States v. Mack, 9 M.J. 300 (C.M.A. 1980); United States v. Negrone, 9 M.J. 171 (C.M.A. 1980).

Accordingly, the decision of the United States Army Court of Military Review is affirmed.

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