United States v. Coffman

62 M.J. 677 (2006)

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Nature of the Case

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Facts

D was serving in Iraq. D found a box in a room that he and others had been told to clean out in preparation for another platoon's arrival. Unit personnel had previously used this room to store their packs. The room contained several boxes that they had been instructed to dispose of, including the box containing the gear. As they cleaned out the room, they discovered items that were never picked up by their owners and appeared to have been left behind for trash. In the box were a force vest, canteen covers, and a duty belt. D took the box and brought it to his rack. There was no name on the gear. D also knew that the items should not have been discarded. D asked whether anyone had left a box of gear in the room. He asked almost the entire platoon. When he could not determine who owned the gear, he decided to use it himself. D used the gear for about a month while going on patrols. D's section leader confronted him about whether the gear belonged to him. D told the section leader that he had purchased the gear. This false statement was prosecuted under Article 107, UCMJ. D did not learn who owned the gear until after he had surrendered it. The owner was a member of D's battalion, and D was acquainted with him. The appellant informed the military judge that if he had not been confronted by the command, he would have continued to use the gear. D admitted that he knew it was wrongful to take the gear, that the gear was not abandoned, that he intended to permanently deprive the owner of the gear, that he had no legal justification or excuse for his actions, and that he took and retained the gear with a criminal state of mind. The judge asked D if he thought the gear was abandoned. D answered, “No.” On appeal, D now argues that his plea is improvident because the military judge failed to adequately inquire into the 'apparent defense of ignorance or mistake of fact as to whether the gear . . . was abandoned, lost, or mislaid.'