United States v. Evans

OPINION OF THE COURT

LEONARD, Senior Judge:

This case involves two novel questions. First, may a military judge, by exceptions and substitutions, find an accused guilty of signing a false official record at variance with the terms of the record the accused originally signed? Second, may an accused be convicted of stealing his with-dependents rate basic allowance for quarters (BAQ) entitlement from his wife because he does not pay her support? We answer “no” to both questions and set aside appellant’s convictions and sentence.

*1052A military judge, sitting as a special court-martial, convicted…