United States v. Johnson

CEDARBURG, Chief Judge:

Appellant was originally tried on 27 November 1978; he was charged with but one specification alleging an unauthorized absence, from 7 June 1977 to 29 July 1978, in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. Appellant pleaded guilty to an unauthorized absence from 7 June 1977 to 2 January 1978 but not guilty to the balance of the specification. The military judge found appellant’s pleas to have been provident; the Government thereupon presented evidence that appellant had been an unauthorized absentee for the greater period…