
    UNITED STATES, Appellee v MICHAEL A. SCHULTZ, Private, U. S. Army, Appellant
    16 USCMA 488, 37 CMR 108
    No. 19,825
    January 27, 1967
    
      
      Colonel Daniel T. Ghent, Lieutenant Colonel Martin S. Drucker, and Major David J. Passamaneck were on the pleadings for Appellant, Accused.
    
      Colonel Peter S. Wondolowski and Captain L. Dean Moore were on the pleadings for Appellee, United States.
   Opinion of the Court

Per Curiam:

Two specifications purporting to charge an unauthorized absence, in violation of Article 86, Uniform Code of Military Justice, 10 USC § 886, were laid against the accused. One contains no allegation to indicate the absence was without authority. The omission is fatal to the legal sufficiency of the specification. United States v Fout, 3 USCMA 565, 13 CMR 121.

The finding of guilty of specification 1 is set aside, ánd the charge is ordered dismissed. The record of trial is returned to the board of review for reconsideration of the sentence.  