United States v. Roberts

FREYER, Judge:

The appellant, who at all relevant times has been lawfully married to, but living physically apart from, his spouse, without a legal separation, stands convicted of attempted wrongful appropriation of the difference between basic allowance for quarters (BAQ) at the single rate and BAQ at *820the “with dependents” rate for having received BAQ at the latter rate whilé providing no support to his “dependent” wife.

The military judge determined that the appellant had properly listed his lawful wife as a “dependent” in his naval records and ruled that, under the statutory and regulatory…