United States v. Garcia

OPINION OF THE COURT

Upon conviction by a special court-martial for an unauthorized absence and forgery in violation of Articles 86 and 123, Uniform Code of Military Justice, 10 USC §§ 886 and 923, the appellant was sentenced by the military judge hearing the case to a bad-conduct discharge and confinement at hard labor for 4 months. In his review of the case at the supervisory authority level, the staff judge advocate erroneously stated that the appellant was convicted of the unauthorized absence upon his plea of guilty. Because the appellant had actually pleaded not guilty to that offense,…