concurring in the result;
I concur in the result reached in this case. In view of the fact that I dissented in United States v. Miller, 2 M.J. 767 (A.C. M.R. 27 February 1976), and United States v. Bates, 2 M.J. 1274 (A.C.M.R. 8 March 1976), it would be inappropriate to join the majority in its opinion concerning those cases.