United States v. Tuggle

Opinion of the Court

COX, Judge:

This case involves the execution of contingent confinement based upon a convicted servicemember’s failure to pay an adjudged fine. We hold that the convening *90authority erred by ordering contingent confinement to be executed without giving full consideration to appellant’s offer to pay the fine in installments. RCM 1113(d)(3), Manual for Courts-Martial, United States, 1984.

I

Appellant was tried by a military judge sitting alone as a general court-martial at Fort Polk, Louisiana. He pleaded guilty to and was convicted of one specification of making a false official…