United States v. Cleere

DECISION

MAHONEY, Judge:

Charged with absence without leave (AWOL) and breach of restriction, in violation of Articles 86 and 134, Uniform Code of Military Justice, 10 U.S.C. §§ 886 and 934, the accused pled guilty and was subsequently sentenced to a bad conduct discharge and confinement at hard labor for three months. Due to deficiencies in the guilty plea inquiry, mandated by United States v. Care, 18 U.S.C.M.A. 535, 40 C.M.R. 247 (1969), we must set aside the findings of guilty and the sentence.

In Charge I and its specification, the accused was charged with AWOL from her place of duty.…