United States v. Turk

MIELCZARSKI, Judge:

This is a Government appeal seeking reversal of a military judge’s ruling granting a defense motion to dismiss charges because of a failure to bring appellee to trial within the 120 day period specified by R.C.M. 707(a). We reverse the military judge’s decision and remand for further proceedings.

The charges allege that on 17 June 1985 appellee missed movement of his unit, the USS TATTNALL (DDG-19) then located at Naval Station, Mayport, Florida, and began an unauthorized absence of 142 days. Subsequently, on 6 November 1985 appellee terminated his absence by surrendering at…