UNITED STATES, Appellee v. DAVID L. HUNNELL, Private, U. S. Marine Corps, Appellant

UNITED STATES, Appellee v DAVID L. HUNNELL, Private, U. S. Marine Corps, Appellant 18 USCMA 584, 40 CMR 296 No. 22,147 September 19, 1969 Lieutenant Kenneth F. Ripple, JAGC, USNR,.was on the pleadings for Appellant, Accused. Captain Lester G. Fant, III, USMCR, was on the pleadings for Appellee, United States. [MAJORITY — Darden, Judge:] Opinion of the Court Darden, Judge: The scrutiny given the providence of appellant’s plea of guilty to absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, is not so different from that found in United States v Care, 18 USCMA 535, 40 CMR 247, as to require a different result. Accordingly, the decision of the board of 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 Care, 18 USCMA 535, 40 CMR 247. I would reverse the decision of the board of review and order' a rehearing.