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

Home > Sexual Crimes Against Children > Harry L. Jeffery Jr.

Name: Harry L. Jeffery Jr.

Case: U.S. v. Jeffery No. 96-1380 Crim. App. No. 31708

Date Of Conviction: 1995

Plea: Guilty

Charges: Indecent Acts 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 composed of officer and enlisted members of committing indecent acts with a minor (2 specifications), in violation of Article 134, Uniform Code of Military Justice, 10 USC § 934.

He was sentenced to a dishonorable discharge, confinement for 2 years, and reduction to E-4. The convening authority approved these results, and the Court of Criminal Appeals affirmed the findings and sentence.

During the litigation of this motion, defense counsel stated that appellant, in his unsworn statement, would say that, "if he is not punitively discharged from the Air Force, it may be that he would be administratively discharged later on."

Defense counsel did not present the details as to what appellant might say in his unsworn statement regarding the potential loss of retirement benefits, appellant having over 18 years of service at the time of trial, but he said: "I certainly think that it’s fair comment in the evidence or in the unsworn statement presented during our sentencing case in chief to comment that if [appellant] is punitively discharged certainly that precludes any form of retirement from the Air Force and any benefits therefrom."

The decision of the United States Air Force Court of Criminal Appeals is affirmed as to findings but set aside as to sentence. The case is returned to the Judge Advocate General of the Air Force for remand to the convening authority, who may either set aside the sentence and order a new sentencing proceeding or affirm a sentence that does not include a punitive discharge.