United States v. Frierson

DECISION

MURDOCK, Judge:

The appellant was found guilty of desertion by a general court-martial with members. They sentenced him to a bad conduct discharge, forfeiture of all pay and allowances, and reduction to airman basic. The convening authority approved the findings of guilty and only so much of the sentence as included a bad conduct discharge, “forfeiture of two-thirds pay per month until execution of the discharge”, and reduction to airman basic. This seemingly innocent reduction has derailed the forfeiture portion of the sentence.

This case deals with issues in the same general area of…