United States v. Westfield

GREGORY, Judge:

Pursuant to his pleas, appellant stands convicted of two specifications of unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. The sentence approved on review below provides for a bad-conduct discharge, confinement at hard labor for 3 months, and forfeiture of $100.00 per month for 3 months.

In his single assignment of error on appeal, appellant alleges that the military judge erred in denying his motion to dismiss the charges for lack of in personam jurisdiction. Appellant testified at trial that he told his recruiter prior to…