United States v. Williams

OPINION OF THE COURT

JONES, Senior Judge:

The appellant asserts that his conviction by special court-martial for a 417-day unauthorized absence, after a board of officers had refused to eliminate him from the service for the same absence, was a result of prosecutorial vindictiveness and therefore a violation of his right to due process. We disagree and we affirm.

The command initiated elimination proceedings against appellant pursuant to Chapter 14, Army Regulation 635-200, because of an unauthorized absence in excess of one year. The board of officers that heard the case recommended retention…