United States v. McDowell

ORR, Judge:

Contrary to his pleas, the appellant was found guilty by a military judge sitting alone of three specifications of unautho*720rized absence under Article 86, Uniform Code of Military Justice (U.C.M.J.), 10 U.S.C. § 886. On appeal to this Court, the appellant argues that this special court-martial lacked in personam jurisdiction over him because these offenses were committed after his enlistment had expired.

The appellant enlisted in the U.S. Marine Corps Reserves on 18 February 1983 for 6 years and was called to active duty on 1 September 1986 for 2 years. Four months before his active…