United States v. Kelly

OPINION OF THE COURT ON REMAND

SQUIRES, Senior Judge:

Pursuant to his pleas, appellant was convicted of three specifications involving larceny of basic allowance for quarters (BAQ) and three specifications of fraud, in violation of Articles 121 and 132, Uniform Code of Military Justice, 10 U.S.C. §§ 921 and 932 [hereinafter UCMJ]. Contrary to his pleas, a panel of officers and enlisted members convicted Staff Sergeant (SSG) Kelly of communicating a threat in violation of Article 134, UCMJ, 10 U.S.C. § 834. The convening authority approved the sentence to a dishonorable discharge, confinement…