Name: Charles G. Willenbring
Case: United States v. Willenbring No.97-8029 Crim. App. No. 97 01127
Date Of Conviction: 1997
Plea: Not Guilty
Charges: Rape
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? NO
Appellant enlisted in the United States Army for a period of 4 years on January 13, 1982. He twice extended that period of enlistment and then reenlisted for a period of 6 years on September 30, 1988. Prior to expiration of that enlistment, on March 9, 1992, appellant requested an early separation to accept a civilian job offer, stating: "I am willing to serve my remaining time in service in the Active Reserves." His request was approved on March 10, 1992, with his separation from active duty to become effective on March 31, 1992.
On March 13, 1992, while still on active duty, appellant signed an enlistment contract with the United States Army Reserve, which noted, among other matters: that his enlistment was "more than an employment agreement"; that he would be "[r]equired to obey all lawful orders and perform all assigned duties"; that he would be "[s]ubject to the military justice system, which means, among other things, that [he could] be tried by military courts-martial [sic]"; and that he would be "[r]equired upon order to serve in combat or other hazardous situations."
Appellant was discharged from active service on March 31, 1992, and began his term of enlistment in the Army Reserve on April 1, 1992. He remained a member of the Army Reserve by virtue of an extension of his 1992 enlistment, followed by a 3-year reenlistment, which began on February 26, 1994.
On February 21, 1997, appellant was ordered to active duty pursuant to Article 2(d), Uniform Code of Military Justice, 10 USC § 802(d), which authorizes activation of a reservist for the purpose of trial by court-martial.
Charges were preferred against appellant on February 26, 1997, alleging three specifications of rape, in violation of Article 120, UCMJ, 10 USC § 920. The specifications allege that he committed the rapes while on active duty during 1987 and 1988.2 The first two specifications allege commission of two separate rapes in November 1988 at Fort Belvoir, Virginia. Each of the alleged victims was married to a fellow servicemember. The third specification alleges commission of a rape in September 1987 in the vicinity of Champaign, Illinois. With respect to the third specification, the record does not indicate the relationship, if any, of the victim to the armed forces.
The charges against appellant were received by the summary court-martial convening authority on March 5, 1997, and were forwarded through the chain of command for disposition. After completion of a pretrial investigation under Article 32, UCMJ, 10 USC § 832, the charges were referred to a general court-martial on April 30, 1997, for trial "as a non-capital case." The trial proceedings commenced with the arraignment of appellant at Fort Belvoir on May 2, 1997.
At trial, appellant moved to dismiss the charges on the grounds that the court-martial did not have jurisdiction under either Articles 2 or 3, UCMJ, 10 USC §§ 802 and 803, respectively, and that prosecution of the offenses was barred by the statute of limitations set forth in Article 43, UCMJ, 10 USC § 843. The military judge denied both motions, and appellant sought review from the Court of Criminal Appeals through a petition for extraordinary relief. That court denied the petition on July 23, 1997, without opinion, noting that its action was "without prejudice to petitioner’s right to assert the same errors during the course of regular appellate review."
The decision of the United States Army Court of Criminal Appeals denying the petition for extraordinary relief is affirmed.
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Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Charles G. Willenbring
Staff Sergeant U.S. Army
Rape - Three Counts
