Court of Appeals for the Armed Forces August 4, 2005, 04-0677/AR (United States v. Alexander)

GIERKE, Chief Judge

(dissenting):

I join Judge Effron’s dissent. I write separately only to note that this case is distinguishable from Townes1 and Morgan,2 where I joined the majority. In Townes, the trial defense counsel stated on the record, in front of the accused, that the defense requested enlisted membership.