United States v. Fife

Opinion of the Court

Darden, Judge:

Tried before a military judge alone, the accused was convicted of absence without leave and given a bad-conduct discharge, total forfeitures, ten months’ confinement at hard labor, and reduction in grade. He did not submit, in writing, his request to be tried by a military judge until after findings. For the reasons set forth in United States v Dean, 20 USCMA 212, 43 CMR 52 (1970), his failure so to do constitutes jurisdictional error that makes the findings a nullity. Accordingly, the decision of the United States Navy Court of Military Review is reversed.…