United States v. Malich

GARVIN, Judge:

Appellant was tried by special court-martial, military judge alone, and found guilty of two alleged periods of unauthorized absence in violation of Article 86, Uniform Code of Military Justice (UCMJ), 10 U.S.C. § 886. The sentence imposed was confinement at hard labor for ninety (90) days, forfeiture of $350.00 pay per month for three months, reduction to pay grade E-l, and a bad-conduct discharge.

A. Background

Originally, appellant was arraigned on one charge of unauthorized absence from 23 December 1981 until 14 March 1983. The defense requested a continuance. No plea was…