United States v. Staff Sergeant RODERICK N. PUGH ( 2015 )


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  • UNITED STATES ARMY COURT OF CRIMINAL APPEALS
    Before
    HAIGHT, PENLAND, and WOLFE
    Appellate Military Judges
    UNITED STATES, Appellee
    v.
    Staff Sergeant RODERICK N. PUGH
    United States Army, Appellant
    ARMY 20140176
    Headquarters, Fort Stewart
    John T. Rothwell, Military Judge (arraignment)
    Richard Weis, Military Judge (trial)
    Colonel Francisco A. Vila, Staff Judge Advocate
    For Appellant: Lieutenant Colonel Charles D. Lozano, JA; Major Aaron R.
    Inkenbrandt, JA; Captain Amanda R. McNeil, JA (on brief).
    For Appellee: Major A.G. Courie, III, JA; Major John K. Choike, JA; Captain
    Jaclyn E. Shea, JA (on brief).
    8 October 2015
    ----------------------------------
    SUMMARY DISPOSITION
    ----------------------------------
    Per Curiam:
    A military judge sitting as a special court-martial convicted appellant,
    pursuant to his pleas, of false official statement and larceny, in violation of Articles
    107 and 121, Uniform Code of Military Justice, 
    10 U.S.C. §§ 907
     and 921
    [hereinafter UCMJ]. The military judge sentenced appellant to a bad-conduct
    discharge and one month of confinement. The convening authority approved the
    adjudged sentence.
    This case is before us for review under Article 66, UCMJ. Appellant assigns
    two errors and raises matters pursuant to United States v. Grostefon, 
    12 M.J. 431
    (C.M.A. 1982). One of the assigned errors warrants brief discussion and relief.
    DISCUSSION
    In one specification, appellant was charged with, pleaded guilty to, and
    convicted of stealing three distinct allowances, with a total value of $26,408.51, “on
    divers occasions.” While appellant acknowledges that divers allowances were
    PUGH – ARMY 20140176
    stolen, he now correctly asserts that he only stole $26,408.51 once, not multiple
    times. The stipulation of fact and providence inquiry support and confirm
    appellant’s assertion. Accordingly, we will grant appellant’s requested relief of
    amending the larceny specification by removing the words “on divers occasions.”
    CONCLUSION
    The court amends and AFFIRMS only so much of the finding of guilty of
    Charge II and its Specification as provides:
    Charge II, The Specification: In that [appellant], U.S.
    Army, did, at or near Yongson, Republic of Korea,
    between on or about 11 June 2010 and on or about 10 July
    2011, steal Basic Allowance for Housing (BAH), Cost of
    Living Allowance (COLA), and Dislocation Allowance
    (DLA), totaling a value of about $26,408.51, the property
    of the United States Government.
    The remaining findings of guilty and the sentence are AFFIRMED. All rights,
    privileges, and property of which appellant was deprived by virtue of that portion of
    his findings being set aside by this decision are hereby ordered restored.
    FOR
    FOR   THE
    THE   COURT:
    COURT:
    MALCOLM
    MALCOLM   H.H.
    SQUIRES, JR.JR.
    SQUIRES,
    Clerk of Court
    Clerk of Court
    2
    

Document Info

Docket Number: ARMY 20140176

Filed Date: 10/8/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021