United States v. Therasse

DECISION

In a bench trial the accused pleaded not guilty to desertion in violation of Article 85, U.C.M.J., 10 U.S.C. § 885 but guilty to absence without leave in violation of Article 86, Code, 10 U.S.C. § 886, supra; he was convicted of desertion and sentenced to a bad conduct discharge, confinement at hard labor for three months, forfeiture of $382.00 per month for three months and reduction to airman basic.

I

The accused contends on appeal that there is insufficient evidence to establish his intent to remain away permanently, an essential element of the offense of desertion.

The Government…