United States v. Garner

DECISION

KASTL, Senior Judge:

We are called upon to decide whether alleging an overt act is necessary in pleading an attempted larceny specification under the UCMJ. We hold that it is not.

Airman First Class Garner shared a room at Robins Air Force Base, Georgia with Airman First Class Calles. On numerous occasions, Garner saw his roommate withdraw money from a credit union account utilizing an automated teller machine (ATM) card. The appellant learned Calles’ personal identification number for accessing the machine. Then, six times from September to October 1988, the appellant wrongfully…