United States v. Arroyo

Appellant, pursuant to his pleas, was convicted at a special court-martial of three unauthorized absences totaling more than 500 days, in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886, and breaking restriction, in violation of Article 134, UCMJ, 10 U.S.C. § 934. Members imposed a sentence of reduction to pay grade E-l and a bad-conduct discharge which, along with the findings, was approved on review below.

During presentencing, appellant offered an unsworn statement in which he asserted a desire to remain in the Navy. The government introduced as aggravation…