United States v. Borneman

DONOVAN, Judge:

Appellant’s single assigned error attacks the procedure by which his bad-conduct discharge, suspended for 6 months from the date of trial in accordance with his pretrial agreement, was vacated at a time *664he contends was beyond the suspension period in which Naval authorities were empowered to act. The misconduct which prompted the vacation action was unauthorized absence.

Sentence was adjudged on 2 May 1979. Page three of the agreement provides in part that, “If awarded, a Bad Conduct Discharge shall be suspended for a period of six (6) months from the date sentence is adjudged.”…