United States v. Oglivie

29 M.J. 1069 (1990)

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Nature of the Case

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Facts

D married his first wife, Amparo, in December 1986, while stationed in Panama. In January 1987, D was reassigned from Panama to Germany, but his wife remained in Panama. D did not know Amparo's address or telephone number but sent letters to a friend, who passed them on to her. D was assigned to Fort Sill, Oklahoma. In August 1988, D sent his wife a money order with his telephone number written on it. P filed for divorce in Oklahoma and sent a copy of the petition to a friend's post office box in Panama for delivery to his wife. In September or October 1988, Amparo called D from Panama and informed him that she had filed for divorce in Panama. D thought he was divorced. In November 1988, the Red Cross notified D that Amparo had been hospitalized. The Red Cross referred to Amparo as his 'ex-wife.' D requested that his basic allowance for quarters (BAQ) at the 'with dependents' rate be terminated because he was divorced. The finance clerk told him he needed a divorce decree. D took another sergeant's divorce decree, made a copy of it, inserted his name and Amparo's in the text (but neglected to change the caption) and attached it to his request to terminate his BAQ. In December 1988, D married Jackeline and requested that his BAQ at the 'with dependents' rate be reinstated. D was charged with making two false official statements to officials, bigamy and altering public records. D pled guilty to altering a public record. D was found guilty of bigamy and making false official statements. D appealed.