United States v. Robertson

DECISION

FULTON, Judge:

Pursuant to his plea of guilty the appellant was convicted by special court-martial of unauthorized absence from 27 December 1972 to 21 May 1975, in violation of Article 86, UCMJ, 10 U.S.C. § 886. The approved sentence provides for a suspended bad conduct discharge, confinement at hard labor *935for three months, and forfeiture of $150.00 pay per month for three months.

Appellant avers the following:

THE MILITARY JUDGE ERRED IN DENYING APPELLANT’S MOTION TO DISMISS ON THE GROUNDS THAT TRIAL WAS BARRED BY THE STATUTE OF LIMITATIONS.

Charges were preferred on 9 June 1975.…