United States v. Brookins

OPINION OF THE COURT

FOREMAN, Senior Judge:

A general court-martial composed of officer and enlisted members convicted the appellant, in accordance with his pleas, of 45 specifications of bad checks and absence without leave (AWOL) in violation of Articles 134 and 86, Uniform Code of Military Justice, 10 U.S.C. §§ 934 and 886 (1982). The approved sentence provides for a bad-conduct discharge, reduction to Private El, and a $1000.00 fine.

The case was submitted to this court on its merits. We ordered briefs on the following issues:

I

WHETHER THERE IS A FACTUAL PREDICATE FOR BAD FAITH OR GROSS…