U.S. v. Hardeman, 59 M.J. 389

Core Criminal Law Subjects: Crimes: Article 86 - Absence without Leave Pre-2019 offenses

1. a definitive inception date is indispensable to a successful prosecution for unauthorized absence; in addition to establishing that an unauthorized absence offense has been committed at all, a precise inception date is required in determining the duration of the absence; the length of an unauthorized absence is the essential element in determining the legal punishment for the offense

Trial Stages: Merits: Guilty Pleas

1. a court shall not accept a plea of guilty where an accused sets up matter inconsistent with the plea, or if it appears that he has entered the plea of guilty improvidently; nor shall a court accept a plea of guilty without making such inquiry of the accused as shall satisfy the military judge that there is a factual basis for the plea
2. a guilty plea will be rejected only where the record of trial shows a substantial basis in law and fact for questioning the plea
3. in this case, where the providence inquiry revealed an inconsistency between the stipulation of fact and appellant’s statements during the plea inquiry with respect to the inception date of his unauthorized absence, and where the providence inquiry did not ultimately reveal the date on which appellant was willing to admit he absented himself without authority, the record does not fix a date of inception; because the record does not support the legal determination that appellant conceded that his absence was without authority on the charged date, there is a substantial basis in law and fact to question his plea