United States v. Vaught

GREGORY, Judge:

Appellant stands convicted of unauthorized absences of 568 days, 21 days, 4 days, 499 days, and 116 days. The sentence approved on review below includes an unsuspended bad-conduct discharge.

Appellant alleges that the convening authority in his action took into consideration adverse matter concerning appellant from outside the record of trial without giving him an opportunity to rebut such matters. See United States v. McCoskey, 12 U.S.C.M.A. 621, 31 C.M.R. 207 (1962). He argues that a new convening authority’s action is required. We agree.

Despite the extreme length of his…