In United States v. Furth , Judge Ohlson writes for the court finding no prejudice, while Judges Maggs and Hardy dissent and argue that a Dubay hearing was required before the court can determine prejudice or lack thereof.
A military judge sitting as a general court-martial convicted Appellant, pursuant to his pleas, of one specification of absence without leave (AWOL) and one specification of wrongful appropriation. The convening authority approved Appellant’s adjudged sentence of a reprimand, confinement for three months, and dismissal from the service. The United States Army Court of Criminal Appeals (CCA) affirmed the findings and only so much of the sentence as provided for confinement for three months and a reprimand.
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