United States v. New

55 M.J. 95 (2001)

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United States v. New

United States Court of Appeals for the Armed Forces
55 M.J. 95 (2001)

Facts

Army Specialist Michael New (defendant) was a medic whose Army company was participating in a United Nations mission to provide protective forces to the former Yugoslavian Republic of Macedonia. As part of his participation in the mission, New was ordered to modify his Army uniform to wear certain United Nations symbols. These symbols included a United Nations blue beret and field cap, a blue United Nations shoulder patch, a blue scarf, a United Nations badge, and an identification card issued by the former Yugoslavian Republic of Macedonia. New refused to obey the order to wear the uniform modifications, arguing that (1) wearing the modifications would transfer his allegiance to the United Nations against his wishes and (2) the order was illegal because the United States military’s participation in the United Nations mission was illegal. A special court-martial convicted New of disobedience for failing to follow the order to modify his uniform. The matter was reviewed by the United States Court of Appeals for the Armed Forces.

Rule of Law

Issue

Holding and Reasoning (Crawford, C.J.)

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