United States v. Fernengel

*536Opinion of the Court

Robert E. Quinn, Chief Judge:

On his plea of guilty the accused was convicted of, and sentenced for, desertion, in violation of Article 85, Uniform Code of Military Justice, 10 USC § 885. Intermediate appellate authorities affirmed. Thereafter, the accused petitioned this Court for further review, and we granted the petition to consider whether his plea of guilty was provident.

The accused enlisted in the Army in March 1958. He was then eighteen years of age. Just four months after enlistment, he began a series of unauthorized absences. First he was absent from July 4 to…