
    UNITED STATES, Appellee v FRANK KENNETH CANTRELL, Seaman Recruit, U. S. Navy, Appellant
    18 USCMA 572, 40 CMR 284
    No. 22,152
    September 12, 1969
    
      Captain Jeffery W. Maurer, USMC, Accused. was on the pleadings for Appellant,
    
      Colonel C. R. Larouche, USMC, was States. on the pleadings for Appellee, United
   Opinion of the Court

.Darden, Judge:

The inquiry into the appellant’s plea of guilty to a single specification of absence without leave, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, would not meet the standard that must apply to cases tried thirty days after the decision in United States v Care, 18 USCMA 535, 40 CMR 247. In this instance, however, Cantrell has given a statement in an attempt to secure mitigation, admitting the unauthorized absence, one hundred eighty-nine days in duration. Therefore, we find the plea provident.

Accordingly, the decision of the board of review is affirmed.

Chief Judge Quinn concurs.

Ferguson, Judge:

I concur in the result. See my dissent in United States v Care, 18 USCMA 535, 40 CMR 247.  