SGT Jones and CPL Smith left their barracks room Monday morning at 0500 hours. They drove off post to a pawn shop. Per their plan, they broke into the pawn shop and stole approximately $20,000 in jewelry. They took the jewelry to SSG Person’s home and stored it in his attic crawl space. They arrived at work at 1000 hours, missing both the 0630 PT formation and the 0900 work formation. The platoon sergeant, SFC Miller, asked CPL Smith why he missed two formations. CPL Smith said he was sick and went to sick call. SFC Miller reminded CPL Smith to let somebody know before he missed formation. That evening, CPL Smith went to a local bar and bragged about having a large amount of jewelry for sale. As he drank, he became loud and obnoxious. CPL Smith started yelling at another patron, and he smashed a glass beer bottle over the other patron’s head. CPL Smith fled the bar and went back to his barracks room. A few hours later, the MPs arrived and apprehended CPL Smith. The MPs advised CPL Smith of his right to remain silent. CPL Smith waived his rights and agreed to be interviewed. During the interview, CPL Smith told the MPs he had been sleeping all evening in his room and was not at any bars. He signed a sworn statement stating this.
Now that you have read the fact pattern, use the Uniform Code of Military Justice (see the Manual for Courts-Martial in your student resources) and identify all potential criminal violations committed by SGT Jones, CPL Smith and SSG Person. If the facts are unclear as to a particular offense, list what additional facts you need in order to make a charging decision. You should identify at least 8-10 potential violations. Be creative!
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