United States v. Simmons

Opinion of the Court

COOK, Judge:

Appellant was convicted by a special court-martial military judge sitting alone of two specifications alleging unauthorized absences in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. He was sentenced to a bad-conduct discharge, reduction to E-l, confinement at hard labor for 2 months, and forfeiture of $200 per month for 2 months, but the military judge recommended that the convening authority suspend the bad-conduct discharge. The sentence has been approved by the intermediate reviewing authorities without a suspension of the…