3 M.J. 214 | United States Court of Military Appeals | 1977
Opinion of the Court
As appellant was in continuous confinement from the date his court-martial terminated (March 14, 1975) to the date of the convening authority’s action (July 25,1975), he submits on appeal that a dismissal of the charges is required because such confinement extended to 133 days.
On June 5, 83 days after trial, the staff judge advocate’s post-trial review was completed and served on the defense, but on June 11, the appellant sent a letter to the convening authority requesting that he delay his action until the appellant was psychiatrically examined. A psychiatric report was submitted on July 18. Although not apparent from the record, we were informed, through appellate exhibits filed with permission of the Court, that the convening authority orally approved the appellant’s request upon its receipt and sent two letters to the appropriate medical center requesting the psychiatric examination. Additionally, several telephone calls were made by the assistant district legal officer to expedite the examination.
In Dunlap, the Court established the same guideline set forth in United States v.
The decision of the United States Navy Court of Military Review is affirmed.
. The period was computed under the method established in United States v. Manalo, 1 M.J. 452 (1976).
. The affidavit of the staff judge advocate relating to the matter in issue and the copies of the two letters in question have been filed with the Court.