United States v. Evans

DECISION

BLOMMERS, Judge:

Tried by special court-martial, the appellant elected a hearing before members. In accordance with his pleas, he was found guilty of malingering to avoid basic training in violation of Article 115, UCMJ, 10 U.S.C. § 915. Though pleading not guilty, he was also found guilty of attempted desertion in violation of the Article 85, UCMJ, 10 U.S.C. § 885.1 He was sentenced to a bad conduct discharge, 60 days confinement, and to pay the United States a fine of $400.00. In his action, the convening authority disapproved the fine, but approved the remainder of the sentence…