United States v. Davis

This case differs from United States v Hale, 20 USCMA 150, 42 CMR 342 (1970). In that case, the accused on similar facts was convicted of conduct unbecoming an officer and gentleman, in violation of Article 133, Uniform Code of Military Justice, 10 USC § 933. For differing reasons, a majority of the Court found that the conviction could not stand since it basically involved an unauthorized absence. I dis*243sented because of my belief that different rules govern absence without leave by an enlisted man and conduct unbecoming an officer. As an officer, Hale was obliged after a reasonable period of…