United States v. Rice

Tried by special court-martial without members, appellant was found guilty, contrary to his pleas, of two specifications of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. The military judge sentenced appellant to forfeit $300.00 pay per month for 6 months, to be reduced to the lowest enlisted pay grade, and to be separated from the Marine Corps with a bad-conduct discharge. That sentence was approved by the reviewing authorities below.

During an initial Article 39(a), UCMJ, 10 U.S.C. § 839(a) session, the defense moved to dismiss all…