United States v. Harris

Opinion of the Court

Duncan, Judge:

The question before us in this case stems from the action of the convening authority in approving a date for the commencement of the unlawful absence in Charge II other than that charged and found by the court.

The specification of Charge II alleged that the appellant unlawfully absented himself from Student Company, Schools Battalion, Marine Corps Base, Camp Pendleton, California, on or about December 3, 1969, and remained so absent in desertion until apprehended on or about April 1, 1971. He was found guilty as charged.

Appellant, who previously had been…