United States v. Kimbrell

DECISION

FORAY, Senior Judge:

Appellant was convicted, pursuant to his plea, by a special court-martial consisting of a military judge sitting alone, of being absent from his place of duty, in violation of Article 86(3), UCMJ, 10 U.S.C. § 886(3).1 The specification of this charge (Specification 2, Charge III) alleged that the appellant, without authority, absented himself from his place of duty on or about 15 July 1988, and remained so absent until on or about 25 July 1988.

Appellant's only claim in this appeal is: THE MILITARY JUDGE ERRED TO THE SUBSTANTIAL PREJUDICE OF APPELLANT BY ACCEPTING…