United States v. Davis

DECISION

KASTL, Senior Judge:

While transferring on a permanent change of station from Germany to Shaw Air Force Base, South Carolina, the appellant was absent without leave for some 70 days. New York civilian authorities arrested him; he then was held at Griffiss Air Force Base in upstate New York until authorities from Shaw arrived.

The appellant’s pretrial confinement at Griffiss was not reviewed within seven days, as mandated by R.C.M. 305(i). At trial, the defense requested relief, pointing out that R.C.M. 305(k) requires a one day credit for each day of confinement served as a result of…