United States v. Dufour

DECISION

HODGSON, Chief Judge:

The accused, without authority, left his organization at Chanute Air Force Base, Illinois, on 7 September 1977, and remained absent until he returned on 8 July 1982. On 1 October 1982, charges were preferred alleging an absence without leave starting, not on 7 September 1977, the date of departure, but 2 October 1980, and continuing until 8 July 1982, because the prosecution believed apparently, this lesser period would not be affected by the statute of limitations. Article 43(c), U.C.M.J., 10 U.S.C. § 843(c).1

Pursuant to his pleas, the accused was convicted of…