Court of Appeals for the Armed Forces February 2, 2017, 16-0678/CG (Randolph v. HV and United States)

Chief Judge ERDMANN,

with whom Judge SPARKS joins, dissenting.

In my view, the majority fails to properly consider Article 67, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 867 (2012), congressional intent, and this court’s precedent in reaching its decision that we lack jurisdiction to consider Randolph’s writ appeal. I therefore respectfully dissent.