United States v. Washington

DECISION

STEWART, Judge:

Pursuant to his pleas the appellant was convicted by general court-martial of desertion terminated on 4 September 1986 by apprehension. The approved sentence includes a dishonorable discharge, twelve months confinement, total forfeitures, and reduction to E-l.

The appellant avers his guilty plea was improvident because the record fails to show his desertion was terminated by apprehension. We agree. The maximum punishment for desertion terminated by apprehension includes three years confinement, whereas desertion terminated otherwise warrants no more than two years…