(concurring).
11. I agree with Judge Cox’s resolution of this issue. Our prior case law supports this. See United States v. Berry, 34 MJ 83 (CMA 1992); United States v. White, 36 MJ 284, 288-89 (CMA 1993) (Sullivan, C.J., concurring), cert. denied, — U.S.-, 114 S.Ct. 918, 127 L.Ed.2d 212 (1994).