United States v. Tubbs

OPINION OF THE COURT

The appellant was tried by a general court-martial and, contrary to his pleas, was convicted of desertion and absence without leave in violation of Articles 85 and 86, Uniform Code of Military Justice (UCMJ) (10 U.S.C. §§ 885 and 886). He received the approved sentence set forth above.

On 19 September 1967 the appellant absented himself without permission from his assigned unit at Fort Bragg, North Carolina. He was apprehended in Florida on 28 November 1973 and assigned to Fort Gordon, Georgia. He was charged with desertion and on 7 February 1974 an Article 39(a) UCMJ,…