United States v. Salter

Opinion of the Court

COX, Judge:

Contrary to his pleas, the accused was convicted by a special court-martial, military judge alone, of absence without leave from September 1, 1979, to February 3, 1983, in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886. The approved sentence extends to a bad-conduct discharge, confinement at hard labor for 2 months, and forfeiture of $382.00 pay per month for 2 months. The Court of Military Review affirmed in a short-form opinion.

We specified the following issue:

WAS THE CHARGE AND SPECIFICATION ALLEGING AN UNAUTHORIZED ABSENCE BARRED…