Opinion of the Court
Robert E. Quinn, Chief Judge:The issue in this case is the same as that in United States v Green, 11 USCMA 478, 29 CMR 294, decided this date. For the reasons there stated, the decision of the board of review is reversed and the sentence is set aside. The record of trial is returned to The Judge Advocate General of the Navy for submission to the board of review for reassessment of the sentence. See United States v Eschmann, 11 USCMA 64, 28 CMR 288.
Judge Ferguson concurs.