United States v. Linkey

*493Opinion of the Court

Homer Ferguson, Judge:

The desertion instruction found in the instant case has been condemned in United States v Soccio, 8 USCMA 477, 24 CMR 287. For the reasons stated in that opinion the accused’s conviction of desertion in specifications 1 and 2 of Charge I must be set aside. The decision of the board of review is reversed and the record returned to The Judge Advocate General of the Army for further reference to a board of review. The board, in its discretion, may approve the lesser offenses of absence without leave and reassess the entire sentence on the basis of the…