United States v. Beninate

Opinion of the Court

ROBERT E. Quinn, Chief Judge:

A general court-martial convicted the accused of three specifications of unauthorized absence in violation of Article 86, 50 USC § 680, and of desertion, terminated by apprehension, in violation of Article 85, Uniform Code of Military Justice, 50 USC § 679. The accused was sentenced to a dishonorable discharge, total forfeitures, and confinement at hard labor for three years. The convening authority approved the sentence but suspended the execution of the dishonorable discharge. On appeal, a board of review held that the evidence of desertion…