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UNITED STATES v. DAVID R. PHILLIPS, Airman Recruit, U. S. Navy
Opinion of the Court
ROBERT E. Quinn, Chief Judge:
The escape from confinement established under Charge II also proved the accused’s unauthorized absence under Charge I. Accordingly, he cannot be punished separately for each. United States v Welch, 9 USCMA 255, 26 CMR 35.
The record of trial is returned to The Judge Advocate General of the Navy for submission to a board of review for reassessment of the sentence.
Judge Ferguson concurs.
Judge Latimer dissents.