United States v. Doran

GLADIS, Judge:

The accused was convicted pursuant to his pleas at a special court-martial bench trial of an unauthorized absence of 50 days, in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886 and sentenced to a bad-conduct discharge, confinement at hard labor for 2 months, and forfeiture of $279.00 per month for 2 months.

We find that the accused was prejudiced by the admission during presentencing proceedings of evidence of a prior non judicial punishment under Article 15, UCMJ, 10 U.S.C. § 815, without a showing of an intelligent waiver of his right to…