United States v. Gonzales

DECISION

MILES, Judge:

Consistent with his plea, accused was convicted of absence without leave in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. However, the military judge erred in accepting the accused’s plea of guilty because the accused testified he was not aware of his obligation to report for active military service.

The accused served on active duty from 5 April 1972 until 16 June 1978. He was then honorably discharged and enlisted in the Air Force Reserve. Thereafter, he failed to attend reserve meetings and was sent orders, by certified mail, directing his…