
    UNITED STATES, Appellee v DAVID R. PHILLIPS, Airman Recruit, U. S. Navy, Appellant
    9 USCMA 323, 26 CMR 103
    No. 11,021
    Decided June 6, 1958
    
      Commander Charles Timblin, USN, was on the brief for Appellant, Accused.
    
      Lieutenant Colonel (fiarles H. Beale, Jr., USMC, and Commander Craig McKee, USN, were on the brief for Appellee, United States.
   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.  