United States v. Banks

OPINION OF THE COURT

BAKER, Judge:

Pursuant to his plea, the appellant was convicted by a military judge sitting as a special court-martial of one specification of absence without leave in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886 (1988) [hereinafter U.C.M.J.]. The convening authority approved the sentence of confinement for 150 days, forfeiture of $523.00 pay per month for six months, a bad-conduct discharge, and reduction to Private El.

The facts are uncontested. The appellant had an authorized leave from about 21 *701December 1991 through 4 January 1992. Due to…