United States v. Schelin

DECISION

KASTL, Judge:

We hold that retail merchandise of the Army and Air Force Exchange Service (AAFES) is not “military property” within the meaning of Article 108, Uniform Code of Military Justice. We also set aside, as fatally defective, a separate charge and specification which attempts to allege concealment of stolen property.

Consistent with her pleas, the accused was convicted by special court-martial of absence without leave, wrongful disposition of military property, and concealing stolen property, violations of Articles 86, 108, and 134, Code, supra. The approved sentence extends to…