Property · MBE-tested

UNITED STATES, Appellee v. OTIS B. LITTLEJOHN, Airman Apprentice, U. S. Navy, Appellant

18 C.M.A. 59040 C.M.R. 302·United States Court of Military Appeals·1969

Chief Judge Quinn and Judge Ferguson concur.

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Opinion

UNITED STATES, Appellee v OTIS B. LITTLEJOHN, Airman Apprentice, U. S. Navy, Appellant 18 USCMA 590, 40 CMR 302 No. 22,238 September 19, 1969 Captain Frank A. Nelson, JAGC, USN, and Lieutenant Kenneth F. Ripple, JAGC, USNR, were on the pleadings for Appellant, Accused. Captain William S. Foss, USMCR, was on the pleadings for Appellee, United States. [MAJORITY — Darden, Judge:] Opinion of the Court Darden, Judge: Absent supplementing evidence, the president’s pro forma inquiry does not satisfy us of the providency of appellant’s plea of guilty to the absences here charged. ■ Cf. United States v Care, 18 USCMA 535, 40 CMR 247. The decision of the board of review is reversed and the record of trial is returned to the Judge Advocate General of the Navy. A rehearing may be ordered. Chief Judge Quinn and Judge Ferguson concur.