United States v. Lasher

*208Opinion of the Court

The accused was charged with and convicted of absence without leave and desertion. The convening authority disapproved the absence without leave conviction and reduced the accused’s sentence accordingly. The board of review affirmed. Thereafter, appellate defense counsel moved for reconsideration before the board on the basis of this Court’s decision in United States v Cothern, 8 USCMA 158, 23 CMR 382, which had been issued subsequent to that forum’s decision. That motion was denied, and the accused petitioned this Court. We granted review.

The accused remained in an…