Name: Samuel D. Zachary No. 06-5001
Appeal Date: February 8, 2006
Plea: Guilty
Charges: Indecent acts upon a child
Military Branch: U.S. Army
Listed In National Sex Offenders Registry? Yes
At his general court-martial, Appellee pleaded guilty to two offenses arising from his performing oral sodomy on each of
his victims. These offenses are punishable under Article 134, UCMJ.7
Appellant pled guilty to one specification of committing indecent acts with a child, [BA] and one specification of
committing indecent acts with another, [RL]. During the providence inquiry, appellant testified under oath about
the facts and circumstances of the offenses.
Appellant explained that he was in a friend’s room and the situation “got sexual in nature.” He admitted that he performed oral sodomy on both BA and RL, while all three [Appellee in the action before this Court, BA, and RL] were present in the room; that he was not married to either [BA or RL]; and that the acts were done with the intent to arouse the lust and sexual desires of BA. He also agreed that the acts were “open and notorious” because a third person was present; that the acts were indecent; and that they were prejudicial to good order and discipline and service discrediting.
At the close of the proceedings, the panel members sentenced Appellee to a badconduct discharge, forfeiture of all pay and allowances, and reduction to E-1.