UNITED STATES, Appellee v. VICTOR K. HARGRAVE, Airman, U. S. Air Force, Appellant

UNITED STATES, Appellee v VICTOR K. HARGRAVE, Airman, U. S. Air Force, Appellant 20 USCMA 27, 42 CMR 219 No. 22,934 August 14, 1970 Colonel Bertram Jacobson and Major Frank T. Moniz were on the pleadings for Appellant, Accused. Colonel James M. Bumgarner and Major Donald B. Strickland were on the pleadings for Appellee, United States. [MAJORITY — Per Curiam:] Opinion of the Court Per Curiam: The accused was convicted by a general court-martial of possession of marihuana in Naha City, Okinawa, in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934. He contends that, since the offense was committed outside the limits of any United States military installation on Okinawa, he could not be tried by court-martial for his misconduct. See O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969). In United States v Ortiz, 20 USCMA 21, 42 CMR 213, decided this date, we held that the limitation on court-martial jurisdiction defined in the O’Callahan case was inoperative in Okinawa. Also, in United States v Beeker, 18 USCMA 563, 40 CMR 275 (1969), we held that wrongful possession of marihuana in the civilian community possessed sufficient military significance to make that misconduct triable by court-martial within the rationale of O’Callahan. We, therefore, affirm the decision of the United States Air Force Court of Military Review.