United States v. Tualla

On 27 January 1999, this Court affirmed the findings in this case and that portion of the special court-martial sentence which included a bad conduct discharge, confinement for five months, reduction to E-2, and forfeitures of $326 pay per month for six months, but set aside a fine of $996.60 based on our interpretation of Rule for Courts-Martial (R.C.M.) 1003(b)(3) as authorizing only a general court-martial to adjudge both a fine and forfeitures in the same sentence1. Subsequently, on reconsideration, this Court reaffirmed that decision2. The General Counsel of the Department of…