United States Court of Military Appeals January 26, 1981, No. 36,866; CM 437080 (United States v. Mitchell)

FLETCHER, Judge

(concurring in the result):

I concur in the result but do not, under the facts of this case, reach the question of the effect of United States v. Banks, 7 M.J. 92 (C.M.A.1979), on the law as set out in Dunlap v. Convening Authority, 23 U.S.C.M.A. 135, 48 C.M.R. 751 (1974).

The law before Dunlap v. Convening Authority, supra, applied by the Court in United States v. Gray, 22 U.S.C.