United States v. Asbury

BYRNE, Chief Judge:

Fireman Apprentice Asbury was charged with three desertions in violation of Article 85, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 885. Contrary to As-bury’s pleas, the military judge found him guilty of two lesser included offenses of unauthorized absence in violation of Article 86, UCMJ, 10 U.S.C. § 886, and the most recent desertion charge. This latter desertion charge is the focus of the issue. It alleges, inter alia, a desertion that commenced on or about July 30, 1986 and was terminated by apprehension on or about November 9, 1987.

On August 6, 1987, Asbury…