United States v. Bullman

56 M.J. 377, 2002 CAAF LEXIS 272, 2002 WL 459770
CourtCourt of Appeals for the Armed Forces
DecidedMarch 26, 2002
Docket01-0647/AF
StatusPublished
Cited by21 cases

This text of 56 M.J. 377 (United States v. Bullman) 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. Bullman, 56 M.J. 377, 2002 CAAF LEXIS 272, 2002 WL 459770 (Ark. 2002).

Opinions

Judge GIERKE

delivered the opinion of the Court.

A general court-martial convicted appellant, pursuant to his pleas, of attempting to use a government credit card for personal use, using a government credit card for personal use, four specifications of dishonorably failing to maintain sufficient funds in his bank for payment of checks or drafts, and dishonorable failure to pay a debt to the Army and Air Force Exchange Service (AAFES), in violation of Articles 80, 92, and 134, Uniform Code of Military Justice, 10 USC §§ 880, 892, and 934, respectively. The adjudged and approved sentence provides for a dismissal from the service. The Court of Criminal Appeals affirmed in an unpublished opinion.

We granted review of the following issue specified by the Court:

WHETHER APPELLANT’S PLEA OF GUILTY TO SPECIFICATION 1 OF CHARGE III (DISHONORABLE FAILURE TO PAY A JUST DEBT) WAS IMPROVIDENT.

We hold that the plea of guilty was improvident.

The Guilty Plea Inquiry

The granted issue in this case involves appellant’s failure to make timely payments on his Deferred Payment Plan (DPP) account with AAFES. The military judge advised appellant of the elements of the offense as follows:

First, that you were indebted to the Army and Air Force Exchange Service in the sum of $428.45 for charges made on a deferred payment plan.
Second, that this debt became due and payable on or about the 9th of October of 1999.
Three, that at or near Osan Air Base, Republic of Korea, from about the 9th of October 1999 to about the 8th of December of 1999, while the debt was still due and payable, you dishonorably failed to pay the debt.
And, four, that under the circumstances your conduct was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

The military judge did not define “dishonorable” as it applied to appellant’s failure to pay the AAFES debt. He had defined “dishonorable” as it applied to the bad checks,1 but he did not advise appellant whether the same definition applied to the AAFES debt.

A stipulation of fact recites the following regarding the AAFES debt:

7. Between 9 October and 8 December 1999, the Accused failed to pay a just debt to AAFES for charges he made on his Deferred Payment Plan (DPP) in the amount of $428.45. He did not make the payments because his prior bad checks had resulted in garnishments of his pay such that he could not make the DPP payments; he further did not attempt to work out an acceptable payment plan with AAFES. His failure to pay was dishonorable and was prejudicial to good order and discipline in the armed forces. Further, it was of a nature to bring discredit on the armed forces in that it had a tendency to diminish the esteem with which the Air Force is viewed by employees of AAFES and by others who might hear of his actions.
8. The Accused’s checking account at Eisenhower National Bank was credited $1,185.06 on 1 July 1999, which was the [379]*379amount to which the Accused was entitled after his income tax, other deductions, and voluntary bank allotments were taken from his pay. As a result of recoupment actions initiated in June 1999 to pay other outstanding debts, he received $281.03 on 15 July 1999 and $281.01 on 30 July 1999. As a result of another recoupment action initiated in July 1999, he was paid $828.03 on August 13, 1999. His Eisenhower National Bank account was debited $367.36 on 15 July and 16 August 1999 to cover the Accused’s loan from the bank, and it was debited $21.95 on 6 July 1999 and 16 August 1999 to pay for his account with America Online.
9. The Accused borrowed money from his relatives and used some of his own pay to made [sic] deposits of $1060.00, $1000.00, $800.00 and $800.00 to the Osan Community Bank on 2 November 1999, 5 November 1999, 30 December 1999 and 1 February 2000, respectively. During this period, the Accused received a loan from the Air Force Aid Society to help him with his expenses. He brought [the] Community Bank account to a positive balance on 1 February 2000, when he closed his account there. Between 25 August 1999 and 7 March 2000, AAFES took amounts between $600.00 and $1896.00 from the Accused’s net monthly pay, which averaged from $2,400.00 to $2,600.00. These amounts, combined with cash payments to AAFES, were applied until the checks and service fees were repaid and his DPP card was current.

The military judge questioned appellant about his plea of guilty to this offense as follows:

MJ: Lets talk about Specification 1 of Charge III. Why don’t you tell me what happened on that?
ACC: Charge III, Specification 1,1 owed a debt of $428.45 to the Army, Air Force Exchange Service for charges made on my deferred payment plan. The sum became due on 9 October 1999, and from 9 October 1999 to 8 December 1999 I dishonorably failed to pay this amount of money to AAFES. My failure to pay this bill was of a nature to bring discredit upon the armed forces [in] that it had a tendency to diminish the esteem with which the Air Force is viewed by employees of AAFES and others who might hear of my actions.[3]
MJ: Now, apparently your bill with DPP was due somewhere around the 9th of each month is—
ACC: The 8th, yes, sir.
MJ: So, each month, at least beginning with the 9th of October you had a debt with AAFES under your deferred payment plan for $428.00?
ACC: Yes, sir, approximately.
MJ: And, you knew that you had that debt?
ACC: Yes, sir.
MJ: And, you knew that you had to make payments on a monthly basis?
ACC: Yes, sir.
MJ: Did you make any payments between the 9th of October of last year and the 8th of December of last year to AAFES to cover this payment plan?
ACC: No, sir. At the time, because of the fact of my gross indifference with the situations [sic] prior charges, I did not have any money in my account coming in to be able to pay that debt.
MJ: Well, did you try to pay it with anything other than the Eisenhower National Bank?
ACC: No, sir. I had no cash on hand.
MJ: Did you make any arrangements or even talk with people at AAFES about the debt?
[The Accused consulted with his defense attorneys.]
ACC: When I had went [sic] over to Air Force Aide [sic] to get money for them to help, Kermit Basel from the Family Support Center had called AAFES for me with me sitting there, and they said that they had already initiated garnishment on my account because the payments were so far past due. But, other than that, no, sir.
[380]*380MJ: When did that take place?
ACC: Sometime in November.

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Cite This Page — Counsel Stack

Bluebook (online)
56 M.J. 377, 2002 CAAF LEXIS 272, 2002 WL 459770, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-bullman-armfor-2002.