Christopher A. Keels Airman Basic U.S. Airforce Convicted Sex Offender Indecent Liberties With A Child

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Name: Christopher A, Keels

Case: U.S. v. Keels No. 97-0708 Crim. App. No. 32333

Date Of Conviction: 1996

Plea: Guilty

Charges: Indecent Liberties With A Child

Military Branch: U.S.A.F.

Listed In National Sex Offenders Registry? NO

In accordance with his pleas, appellant was convicted by a general court-martial of sodomy with a child and three specifications of indecent acts or liberties with a child, in violation of Articles 125 and 134, Uniform Code of Military Justice, 10 USC §§ 925 and 934.

The military judge sentenced him to a dishonorable discharge and 10 years’ confinement. The convening authority approved these results, and the Court of Criminal Appeals affirmed the findings and sentence in a per curiam opinion.

Prior to his present court-martial, appellant was the subject of an earlier court-martial in September 1994 -- his first court-martial -- in which he was convicted of charges involving drunk driving and involuntary manslaughter in violation of Articles 111 and 119, UCMJ, 10 USC §§ 911 and 919. The sentence from his first court-martial, as modified pursuant to a pretrial agreement and approved by the convening authority, included 15 months' confinement, total forfeiture of all pay and allowances, reduction to pay grade E-1, and a bad-conduct discharge.

Although appellant's ETS occurred on April 11, 1995, he was not discharged at that time and remained in confinement, subject to military jurisdiction, as a result of his first court-martial. See Art. 2(a)(1) and (7), UCMJ, 10 USC § 802(a)(1) and (7). He was released from confinement on October 20, 1995, but remained in the Air Force on appellate leave while his case underwent appellate review. See Art. 76a, UCMJ, 10 USC § 876a. On October 31, 1995, the Court of Criminal Appeals affirmed the findings and sentence resulting from his first court-martial.

On January 25, 1996, the Air Force issued General Court-Martial Order (GCMO) No. 89, which provided, in part: "Article 71(c) [the appellate process] having been complied with, the bad-conduct discharge will be executed."

One week later, before the discharge documents and other separation papers were prepared or delivered to appellant, his minor step-daughter made the allegations that ultimately led to the court-martial now before this Court.

As a result of these allegations, appellant was placed in pretrial confinement on February 9, 1996. On February 21, 1996, the Air Force issued GCMO No. 98, revoking GCMO No. 89. At no time was a valid discharge certificate (e.g., Department of Defense Form 214) prepared or delivered to appellant; nor was any final accounting of his pay made.

The decision of the United State Air Force Court of Criminal Appeals is affirmed.