bestmilitarydefensedefenseattorneys9.49.33PMcopyDefenses to unauthorized absence. Jurisdiction

  1. For jurisdiction generally, see DA Pam 27-173, pt. II.
  2. The mere fact of expiration of enlistment during a status of unauthorized absence did not terminate jurisdiction or the AWOL. United States v. Klunk , 11 C.M.R. 92 (C.M.A. 1953).
  3. When unauthorized absence has been alleged, an accused’s status as a member of thearmed forces must be proved beyond a reasonable doubt. United States v. Marsh , 15 M.J. 252 (C.M.A. 1983).