UNITED STATES, Appellee v. SAMUEL HUFF, Jr., Seaman Apprentice, U. S. Navy, Appellant

UNITED STATES, Appellee v SAMUEL HUFF, Jr., Seaman Apprentice, U. S. Navy, Appellant 19 USCMA 56, 41 CMR 56 No. 22,324 November 7, 1969 Captain Jeffery W. Maurer, USMC, and Lieutenant Kenneth F. Ripple, JAGC, USNR, were on the pleadings for Appellant, Accused. Colonel C. R. Larouche, USMC, and Captain Patricia A. Murphy, USMC, were on the pleadings for Appellee, United States. [MAJORITY — PER Curiam:] Opinion of the Court PER Curiam: The accused was convicted by a special court-martial of various acts of misconduct directed against other members of the armed forces. He contends that since the offenses were committed in the civilian community and are cognizable in a civilian court they are not triable by court-martial under O’Callahan v Parker, 395 US 258, 23 L Ed 2d 291, 89 S Ct 1683 (1969). Assaults and other injuries by one member of the armed forces against another are acts having military significance and are, therefore, not within the constitutional limitation on court-martial jurisdiction expounded in the O’Callahan case. United States v Plamondon, 19 USCMA 22, 41 CMR 22. The decision of the board of review is affirmed.