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Of
United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
David E. Fischer
Lance Corporal (E-3), U.S. Marine Corps
Convicted Sex Offender
Indecent Acts With A Child Under 16
Name: David E. Fischer
U.S. V. Fischer NMCCA 200200303
Sentence adjudged 9 August 2001.
Decided 30 June 2004
Plea: Guilty
Branch: U.S. Marine Corps
Charges: Indecent acts with a child under 16
Listed In National Sex Offenders Registry? No
Under Appellant’s enlistment contract, his period of obligated service ended on June 29, 2001. Eight weeks earlier, on May 4, Appellant was placed in pretrial confinement for various sexual offenses with minor females. In recommending pretrial confinement, Appellant’s commander explained that he considered Appellant a flight risk because of his upcoming end of obligated service (EAS) date, June 29.
Appellant was still in pretrial confinement on June 29. Under applicable military pay regulations, discussed infra, the Government terminated his entitlement to military pay and allowances. On July 11, defense counsel notified the Depot Consolidated Administrative Center that Appellant’s pay had been stopped. Initially, defense counsel was informed that Appellant’s pay would be reinstated. Later, the Government advised defense counsel that Department of Defense (DoD) regulations prohibited reinstatement of Appellant’s pay because he had reached his EAS date and was in pretrial confinement.
Appellant was convicted and sentenced on August 9, 2001. Appellant was paid for the period of pretrial confinement before his EAS, but he was not paid for the forty-one days of pretrial confinement that he served after his EAS. On appeal, Appellant argues that the termination of his pay amounted to illegal pretrial punishment in violation of Article 13, UCMJ, 10 U.S.C. § 813 (2000).
A military judge, sitting as a general court-martial, convicted the appellant, pursuant to his pleas, of two specifications of indecent acts with a child under the age of 16, in violation of Article 134, Uniform Code of Military Justice, 10 U.S.C. § 934. The appellant was sentenced to a bad-conduct discharge, confinement for 12 months, and reduction to pay grade E-1.
We have carefully considered the record of trial, the appellant's single assignment of error, and the Government’s response. We conclude that the findings and sentence are correct in law and fact, and that no error materially prejudicial to the substantial rights of the appellant was committed. Arts. 59(a) and 66(c), UCMJ.
