UNITED STATES, Appellee v. WARREN D. THIEMAN, Private, U. S. Army, Appellant

UNITED STATES, Appellee v WARREN D. THIEMAN, Private, U. S. Army, Appellant 14 USCMA 326, 34 CMR 106 No. 17,181 December 20, 1963 Colonel Joseph L. Chalk, Captain Robert E. Shepherd, Jr., and Captain Charles W. Sehiesser were on the brief for Appellant, Accused. Lieutenant Colonel Francis M. Cooper and First Lieutenant Barrie G. Sullivan, II, were on the brief for Appellee, United States. [MAJORITY — PER CURIAM:] Opinion of the Court PER CURIAM: On his plea of guilty, the accused was convicted of unauthorized absence and wrongful appropriation of a motor vehicle, in violation of Articles 86 and 121, Uniform Code of Military Justice, 10 USC §§ 886, 921, respectively. His sentence, which was reduced on review, includes a bad-conduct discharge. At the time of the offenses, the accused was seventeen years of age. We granted further review of his conviction to consider the applicability of the Federal Juvenile Delinquency Act, 18 USC § 5031, to courts-martial practice. For the reasons set out in United States v Baker, 14 USCMA 311, 34 CMR 91, we hold the Act does not apply to the military establishment. The decision of the board of review is affirmed.