LtColShellyRogers

LtColShellyRogers - UNITED STATES, Appellee v. Shelley S....

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UNITED STATES, Appellee v. Shelley S. ROGERS, Lieutenant Colonel U.S. Air Force, Appellant No. 99-0838 Crim. App. No. 32711 UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES Argued April 5, 2000 Decided November 8, 2000 COX, S.J., delivered the opinion of the Court, in which CRAWFORD, C.J., and SULLIVAN and GIERKE, JJ., joined. SULLIVAN, J., filed a concurring opinion. EFFRON, J., filed an opinion concurring in part and dissenting in part. Counsel For Appellant: Major Robin S. Wink (argued); Frank J. Spinner (on brief). For Appellee: Major Jennifer R. Rider (argued); Colonel Anthony P. Dattilo and Lieutenant Colonel Ronald A. Rodgers (on brief). Military Judge: James E. Heupel THIS OPINION IS SUBJECT TO EDITORIAL CORRECTION BEFORE PUBLICATION.
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United States v. Rogers, No. 99-0838/AF 2 Senior Judge COX delivered the opinion of the Court. Appellant was the commander of the 90th Fighter Squadron, which deployed from Elmendorf Air Force Base (AFB), Alaska, to Aviano Air Base (AB), Italy. He stands convicted of disorderly conduct on divers occasions and conduct unbecoming an officer by "wrongfully and willfully develop[ing] an unprofessional relationship of inappropriate familiarity" with First Lieutenant (1Lt) Julie Clemm, a subordinate member of his command. 1 Both offenses were alleged to have occurred at or near Pordenone, Italy, in November and December of 1995. 1 Violations of Articles 133 and 134, Uniform Code of Military Justice, 10 USC §§ 933 and 934. The disorderly conduct charge (Art. 134) was unrelated to the conduct unbecoming charge (Art. 133), and there are no issues before us concerning disorderly conduct. The evidence adduced on that charge revealed that on more than one occasion, in the city streets of Pordenone, Italy, the accused walked on the cars of others that were parked along the street. On each of these occasions he did so in the presence of subordinates under his command. On the last occasion, which occurred after an impromptu promotion party, the accused had to be restrained by an officer under his command who observed damage to the vehicles. United States v. Rogers, 50 MJ 805, 813 (A.F.Ct.Crim.App. 1999). As approved by the convening authority and affirmed by the Court of Criminal Appeals, appellant's sentence is a reprimand and forfeiture of $2,789 per month for 4 months.
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United States v. Rogers, No. 99-0838/AF 3 We granted review of these issues: I WHETHER THE AIR FORCE COURT OF CRIMINAL APPEALS ERRED BY UPHOLDING CHARGE II AND THE SPECIFICATION THEREUNDER (ALLEGING AN UNPROFESSIONAL RELATIONSHIP UNDER ARTICLE 133) BECAUSE THE SPECIFICATION WAS UNCONSTITUTIONALLY VAGUE WHEN IT FAILED TO IDENTIFY A RELEVANT CUSTOM OR REGULATION WHICH PROHIBITS RELATIONSHIPS BETWEEN OFFICERS. II
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LtColShellyRogers - UNITED STATES, Appellee v. Shelley S....

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