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United States v. Care
United States Court of Military Appeals
40 C.M.R. 247 (1969)
Facts
David E. Care (defendant), a Marine Corps private, left his duty station without authorization and remained absent until he was apprehended 3,000 miles away from his duty station nearly 15 months later. Care, who had previously been convicted of three unauthorized absences, pled guilty to desertion. The military judge of Care’s special court-martial accepted the plea without explaining to Care the elements of the offense or asking Care whether he was actually guilty of each element. The military judge’s guilty finding and the sentence were approved by the board of review. The United States Court of Military Appeals granted review of the case.
Rule of Law
Issue
Holding and Reasoning (Darden, J.)
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