“ But since I feel that a substantial question is presented by the petition for writ of certiorari and since the problem raises a further issue, also unresolved, concerning the scope of review by the Court of Military Appeals and the role reserved for the regular federal courts, I feel that petitioner is entitled to relief pending consideration of the petitio for certiorari January 10, 1969. ”

“ Petitioner, incarcerated as a result of a court martial, has filed a petition for writ of certiorari to the Tenth Circuit Court of Appeals denying him standing to challenge the place and manner of his incarceration [1] prior to final review of his conviction because he had not exhausted all of his military remedies. ”

“ Notes
↑ Art. 71 (c) of the Uniform Code of Military Justice provides: 'No sentence which includes, unsuspended, a dishonorable or bad-conduct discharge, or confinement for one year or more, may be executed until affirmed by a board of review and, in cases reviewed by it, the Court of Military Appeals.'↑ My Brother White denied this application December 18, 1968 ”