United States v. Garcia

Opinion of the Court

On his plea of guilty, the accused was convicted by a special court-martial, convened at Marine Corps Air Station, Cherry Point, North Carolina, of two specifications of unauthorized absence and a breach of restriction, in violation of Articles 86 and 134, Uniform Code of Military Justice, 10 USC §§ 886 and 934, respectively.1 Although there was no affirmative indication that the accused was so desirous of separation from the service as to be satisfied with a punitive discharge, his defense counsel informed the court-martial that the accused’s conduct “in the last year…