United States v. Mitchell

OPINION OF THE COURT

ARROW, Judge:

Appellant, pursuant to his plea, was found guilty by a military judge sitting as a general court-martial of desertion with the intent to avoid hazardous duty or important service in violation of Article 85, Uniform Code of Military Justice, 10 U.S.C. § 885 (1982) [hereinafter UCMJ]. He was sentenced to a bad-conduct discharge, confinement for thirty months, and reduction to Private El. The convening authority, pursuant to a pretrial agreement, approved the adjudged sentence but suspended all confinement in excess of six months for a period of six months.

Appella…