United States v. Armon

51 M.J. 83, 1999 CAAF LEXIS 1040, 1999 WL 518824
CourtCourt of Appeals for the Armed Forces
DecidedJuly 21, 1999
Docket98-0388/AR
StatusPublished
Cited by7 cases

This text of 51 M.J. 83 (United States v. Armon) is published on Counsel Stack Legal Research, covering Court of Appeals for the Armed Forces primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Armon, 51 M.J. 83, 1999 CAAF LEXIS 1040, 1999 WL 518824 (Ark. 1999).

Opinions

Judge GIERKE

delivered the opinion of the Court.

A general court-martial composed of officer members convicted appellant, pursuant to his pleas, of 3 specifications of making false official statements and 4 specifications of wrongfully wearing unauthorized military accouterments, in violation of Articles 107 and 134, Uniform Code of Military Justice, 10 USC §§ 907 and 934, respectively. The offenses arose when appellant wore a Special Forces tab; a Special Forces combat patch, signifying that he had served with a Special Forces unit in a combat zone; the Combat Infantryman’s Badge (CIB); and a parachutist badge with a bronze star, signifying a parachute jump under combat conditions. The false official statements arose from appellant’s representations that he was entitled to wear the above-described accouterments. The adjudged and approved sentence provides for a bad-conduct discharge, confinement for 30 days, and reduction to the lowest enlisted grade.

This Court granted review of the following issue:

WHETHER THE MILITARY JUDGE COMMITTED PLAIN ERROR WHEN ALLOWING THREE GOVERNMENT WITNESSES TO OFFER THEIR OPINIONS DURING PRESENTENCING TESTIMONY BEFORE PANEL MEMBERS REGARDING WHETHER APPELLANT SHOULD RETURN TO SERVE IN HIS UNIT.

We affirm, for the reasons set out below.

During the sentencing hearing, the prosecution presented the testimony of four witnesses: Colonel (COL) Newman, Captain (CPT) Estok, Master Sergeant (MSG) Falaniko, and Sergeant First Class (SFC) Hutchinson. The granted issue pertains only to the testimony of COL Newman, MSG Falaniko, and SFC Hutchinson.

The thrust of the prosecution’s aggravation evidence was to show the adverse impact of appellant’s offenses on the soldiers serving with him. During voir dire of the members, trial counsel told them that there was no “traditional victim” who had been injured and no lost property, and then asked the members if they would agree that there are “crimes under the Code that have no traditional victim.” He followed with questions asking if the members agreed that “there are offenses that undermine the morale of the unit,” “the good order and discipline of the unit,” and “the image of the Army as a whole.”

COL Clyde Newman, commander of the 3d Brigade, 82d Airborne Division, testified that he had commanded Company B, 1st Ranger Battalion, during the invasion of Grenada. COL Newman had a CIB and combat jump stars for his participation in military operations in Grenada. He also wore the combat patch of the 1st Ranger Battalion, having served with that unit in Grenada. He testified that these combat awards were “important and distinctive,” for other infantryman and paratroopers and for him personally. COL Newman felt a special bond with other soldiers wearing the same combat patch. Asked how he reacts when he sees other soldiers wearing the same decorations, he responded, “I usually want to go hug them.”

Appellant claimed to have participated in a combat jump with the 1st Ranger Battalion during the operation in Grenada. COL Newman testified that he had spoken with appel[85]*85lant about the jump and that appellant had lied about participating in it.

COL Newman testified that the combat jump into Grenada was a “significant emotional event.” He explained, “Some things you remember what you do. If you jump at day or night, with reserve or not.” In response to questioning by trial counsel, he testified further as follows:

Q: Sir, is this the first soldier you’ve run into that’s made this claim?
A: No.
Q: So you’ve had an opportunity to form an opinion about the character of soldiers who lie about service in Grenada?
A: Yes.
Q: And what would that opinion be?
A: Poor.
Q: Sir, when the accused came into your office that day and lied to you about combat in Grenada, did you form an opinion about his character?
A: I know it was something less than outstanding.
Q: Sir, do you find it offensive when an NCO claims that they [sic] were a part of your company in Grenada when he wasn’t?
A: Yes.
Q: And finally, sir, as a two-time combat veteran, based upon what you’ve seen of the accused, if you were jumping into combat tomorrow, would you want him around?
A: Nope.

On cross-examination, COL Newman testified that he did not know appellant and was not familiar with his service record.

CPT Estok, appellant’s company commander, testified that he relied on appellant’s misrepresentation that he had served in a Special Forces unit to conclude that appellant was “a subject matter expert” in demolition training. He testified that soldiers’ lives were endangered during the training, because appellant “did not appear to really understand what was going on at the range.”

Appellant’s former first sergeant, MSG Falaniko, testified at some length concerning his investigation of appellant’s representations and his own duties as an instructor at the Engineer School. MSG Falaniko was appellant’s first sergeant from October of 1995 until August of 1996. As first sergeant, he assessed appellant’s duty performance on a regular basis. He knew appellant well enough to select him to be the next platoon sergeant. MSG Falaniko testified that appellant, as a squad leader in an engineer company, would “deal with live demolition and live mines.” If appellant had not received the training in demolitions that he said he had received, he could kill or injure his soldiers. MSG Falaniko testified that “as a result of what’s transpired lately,” appellant could not effectively train and lead troops.

Finally, SFC Hutchinson, a member of another unit in the 82d Airborne Division, testified he was entitled to wear the CIB, as well as a combat star on his jump wings for the jump into Grenada. He testified that the CIB and combat star are important to soldiers and to him. He explained, “It shows my soldiers and my officers, the platoon leaders that I have come in and that I’m required to help train, it shows them that I have done something, that I do know what I’m doing in my job.”

He testified that appellant’s wearing of the jump wings and CIB made him a “blatant liar.” He testified that appellant’s misrepresentations hurt him personally, because he “jumped into Grenada and there are only a few of us left in the Army that have done that.” He explained that “there is a bond that we did jump onto an airfield while under fire.” Finally, SFC Hutchinson testified that appellant “is not capable of leading troops because he lied about his service.”

On cross-examination, SFC Hutchinson admitted that he did not know appellant personally, had not served with him in a unit, and had not observed his duty performance. On redirect, SFC Hutchinson was asked, “[B]ased upon what you’ve heard today, would you want to serve with Sergeant Armón in an [sic] unit?” He responded, “Absolutely not, sir.” Trial counsel asked, “So it was just enough what’s happened in here today?” SFC Hutchinson explained:

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Cite This Page — Counsel Stack

Bluebook (online)
51 M.J. 83, 1999 CAAF LEXIS 1040, 1999 WL 518824, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-armon-armfor-1999.