United States v. Masseria

ABERNATHY, Judge:

Appellant was tried by special court-martial, military judge alone. Contrary to his pleas, appellant was found guilty of three specifications alleging violations of Article 86, UCMJ, 10 U.S.C. § 886; Unauthorized Absence. Appellant was sentenced to be confined for two months, to forfeit $300.00 pay per month for two months, to be reduced to pay-grade E-1, and to be discharged with a bad-conduct discharge. The convening and supervisory authorities approved the sentence as adjudged.

The government’s case-in-chief consisted of (1) the enlistment contract (Pros. Exhibit 1) of the…