UNITED STATES, Appellee v. BILLY A. HANEY, Aviation Ordnanceman Airman Apprentice, U. S. Naval Reserve, Appellant

UNITED STATES, Appellee v BILLY A. HANEY, Aviation Ordnanceman Airman Apprentice, U. S. Naval Reserve, Appellant 19 USCMA 527, 42 CMR 129 No. 22,947 July 2, 1970 Commander E. M. Fulton, Jr., JAGC, USN, was on the pleadings for Appellant, Accused. Lieutenant Colonel Charles J. Keener, USMC, was on the pleadings for Appellee, United States. [MAJORITY — Darden, Judge:] Opinion of the Court Darden, Judge: Pursuant to his guilty plea, the appellant was convicted by a special court-martial for an unauthorized absence beginning June 16, 1969. Under United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970), introduction of evidence of Article 15 punishment for a prior three-day absence without leave was erroneous. No harm results, considering the presence of evidence showing prior convictions by court-martial for three absences without leave, breaking restriction, and escape from confinement. United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970), and United States v Young, 19 USCMA 481, 42 CMR 83 (1970). The decision of the Court of Military Review is affirmed. Chief Judge Quinn concurs. [DISSENT — Ferguson, Judge] Ferguson, Judge (dissenting): I dissent for the reasons set forth in my separate opinion in United States v Johnson, 19 USCMA 464, 42 CMR 66 (1970).